CO/3415/2026 of BISWANATH NASKAR AND ORS Vs BOSE AND SAHA REALTY LLP on 30 September 2026

D/L- 43 30/09/2026 Ct. No.- 6 Aritra C.O. 3415 of 2026

Sri Biswanath Naskar & Ors. Vs. Bose & Saha Realty LLP

Mr. Ashim Kumar Routh Mr. Subhayan Barik Ms. Manishka Dhar Ms. Ananya Mondal ….for the petitioners

This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against the judgment and order dated August 24, 2026 passed by the learned Additional District Judge, Fast Track, 5th Court at Barasat in Misc. Appeal No.32 of 2026. The learned trial judge by an order dated February 3, 2026 in Title Suit No.162 of 2026 passed an order of injunction restraining the petitioner from entering into suit property and from causing any hindrance in the construction work of the opposite party for a specified time frame. On an appeal being preferred by the petitioners against such order the learned judge of the appellate court dismissed the said miscellaneous appeal thereby affirming the ad interim order of injunction. In an application under Article 227 of the Constitution of India challenging the order passed in a miscellaneous appeal refusing to interfere with the ad interim order of injunction, this Court has to consider as to whether the learned judges of the trial court and the appellant court was justified in passing an order of injunction. Thus, there is no scope to pass any ad interim order at this stage of admission as the same, if granted would amount to allowing the civil revisional application at the stage of admission. Faced with such situation, the learned advocate appearing for the petitioner submits that instead of keeping this matter pending a direction be passed upon the learned trial judge to dispose of the temporary injunction application expeditiously. The learned advocate appearing for the petitioner submits that October 3, 2026 is the next date fixed before the learned trial judge. It will be open to the petitioners to enter appearance in the suit in the meantime and file the written objection to the injunction application on or before the next date of hearing. The learned trial judge is requested to take up the hearing of the injunction application on the next date fixed i.e. on October 3, 2026, if the same is otherwise ready for hearing and make an endeavour to dispose of the same as expeditiously as possible but preferably within a period of six

(6) working weeks from the next date fixed without granting any unnecessary adjournments to either of the parties. It is now well-settled that the consideration at the time of passing an ad interim order of injunction is different from that at the time of passing the temporary injunction. The learned trial judge shall consider the application for temporary injunction and decide the same without being influenced by the observations made by the learned trial judge and the appellate court in the impugned orders as well as the fact that this Court has not passed any interim order for the reasons as stated hereinbefore.

With the aforesaid observations and directions CO 3415 of 2026 stands disposed of. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.)