Debson Construction and Trading Co. v. Maya Adhikari
2016-11-29
ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA
body2016
DigiLaw.ai
JUDGMENT : Jyotirmay Bhattacharya, J. 1. This first Miscellaneous Appeal is directed against an order refusing to grant ad interim injunction passed by the Learned Civil Judge (Senior Division), 1st Court-in-charge at Barasat on 12th July, 2016 in Title Suit No. 675 of 2016 at the instance of the plaintiff- appellant. 2. Let us now consider as to whether there is a merit in this appeal for which the appeal is required to be admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure. 3. A development agreement was entered into between the parties on 18th March, 2002. The plaintiff has filed the present suit. In such a suit, the plaintiff sought for injunction for restraining the defendant-opposite party, her men, agents, servants, subordinates and/or assigns from selling, encumbering and/or otherwise alienating and/or changing the nature and character of the suit property in any manner whatsoever, during the pendency of the suit. An ad interim order of injunction in similar term was also prayed for. The learned Trial Judge refused to pass any ad interim order of injunction on the ground of lack of urgency. 4. We also do not find any reason to differ from the findings recorded by the learned Trial Judge in the impugned order as we find that the plaintiff is not at all diligent in seeking the relief by way of injunction in the suit, filed by it. 5. Accordingly, we refuse to admit this appeal. 6. The appeal is, thus, dismissed. 7. We are informed by the learned advocate appearing for the appellant that the respondent has already entered appearance in the Trial Court through her learned advocate. 8. Having regard to the fact that the respondent has already entered appearance in the suit, we request the learned Trial Judge to make all endeavour to dispose of the plaintiff’s application for temporary injunction as early as possible without giving any unnecessary adjournment to any of the parties. 9. Since the appeal is disposed of in the manner as aforesaid, no further order need be passed on the stay application. 10. The application for stay being CAN No. 8016 of 2016 is thus, deemed to be disposed of.