CO/4125/2024 of JULIEN EDUCATIONAL TRUST Vs BOON REALTORS PVT LTD on 28 September 2026

1. Present petition has been filed challenging the order dated 12th November, 2024 passed by the learned Additional District Judge, 1st Court, South 24-Parganas at Alipore while hearing the challenge against the order dated 22nd March, 2024 passed by learned Civil Judge (Sr. Divn.) 4th Court Alipore, South 24 Parganas in Title Suit No. 430 of 2024.

2. Learned trial court, vide order dated 22nd March, 2024 refused to grant any ad interim injunction in favour of the plaintiff. The plaintiff aggrieved of this filed an appeal before the appellate court, the appellate court while deciding the appeal granted an injunction in favour of the plaintiff/opposite party and restrained the petitioner/respondent from interfering with or disturbing in any way the peaceful possession of the appellant in respect of ‘C’ Scheduled property till disposal of the temporary injunction pending before the learned trial court.

3. The Court, at the outset, considers this is very unfortunate situation where the learned Additional District Judge while hearing the appeal against the order decided only the ad interim injunction plea instead of deciding the injunction application itself. This Court does not find that it is a good practice where ad interim injunctions are being deciding while discussing in details the facts of the case. Such elaborate discussion of facts at the ad interim injunction preempts any order to be passed by deciding the injunction application. This Court, therefore, without going into merits of the case remands the matter back to the learned trial court with direction to positively decide the injunction application in Title Suit No. 430 of 2024 before the ‘Puja’ vacation, 2026. The Court shall decide the injunction application without being influenced by the order of the appellate court dated 12th November, 2024 or the earlier order passed by the learned trial court on 22nd March, 2024.

4. This Court directs that the matter be taken up on 3rd October (Saturday), 2026. The learned trial court shall not grant any unnecessary adjournment and shall decide the injunction application after giving both the parties an opportunity of being heard. Needless to say, with disposal of the injunction application, both the orders dated 22nd March, 2024 and 12th November, 2024 shall become infructuous.

5. Accordingly, the present petition stands disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

7. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Dinesh Kumar Sharma, J.)