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2005 DIGILAW 662 (CAL)

Mobassor Hossain v. ManikChandra Pal

2005-10-06

SUBHRO KAMAL MUKHERJEE

body2005
Judgment :- (1.) By the order impugned in this revisional application, the learned Judge in the lower appellate Court stayed operation of the Order No. 7 dated April 18, 2005 passed by the learned trial Judge in Title Suit No. 15 of 2005. By the order dated April 18, 2005 the learned trial Judge, upon a contested hearing, granted temporary order of injunction. (2.) In my view, the learned Judge in the lower appellate Court was not justified in granting stay of operation of the order granting temporary order of injunction passed by the learned trial Judge. In a miscellaneous appeal arising out of order granting temporary injunction, all efforts should be made by the learned Judge in the lower appellate Court to dispose of such appeal, but, normally, no stay of operation of the order granting temporary injunction should be granted resulting practically allowing the appeal itself at the initial stage without hearing the other side. (3.) I therefore set aside the order impugned in this revisional application and direct the learned Judge in the lower appellate Court to make all endeavour to see that the appeal itself is disposed of by December 2005 peremptorily. Accordingly, I authorise the learned Judge in the lower appellate Court not to grant any unnecessary adjournment to either of the parties while disposing of the appeal. (4.) However, till the deposit of the Miscellaneous Appeal No. 19 of 2005, the parties are directed to maintain status quo, as of today, in relation to the disputed property. (5.) The learned Judge in the lower appellate Court shall decide the appeal independently and uninfluenced by the fact that this Court, by way of an interim arrangement, directed maintenance of status quo till the disposal of the appeal as this Court has not gone into the merits of the claim and the counter claim of the parties involved in the appeal. (6.) The revisional application is thus, disposed of with the aforesaid observations. (7.) There will be no order as to costs. (8.) Xerox certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites. Order accordingly.