Calcutta High Court
FMA/730/2026 of ASHIM SARKAR AND ANR Vs SANJOY BOSE on 17 August 2026
2026 (AK) 28 F.M.A. 730 of 2026 IA No: CAN 1 of 2026 Shri Ashim Sarkar and another Vs. Sanjoy Bose Mr. Satrajit Sinha Roy Mr. Supriyo Ghosh Ms. Susmita Adhikary Mr. Sandipan Dinda Mr. Ashis Bhukta ...for the appellants. 1. The present appeal has been preferred against an order of injunction
17th August,
(AK)
F.M.A. 730 of 2026
IA No: CAN 1 of 2026
Shri Ashim Sarkar and another
Vs.
Sanjoy Bose
Mr. Satrajit Sinha Roy
Mr. Supriyo Ghosh
Ms. Susmita Adhikary
Mr. Sandipan Dinda
Mr. Ashis Bhukta
...for the appellants.
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1. The present appeal has been preferred against an order of injunction passed in a miscellaneous case under Section 34 of the Indian Trust Act, 1882.
2. Thus, since such an order is not amenable to appeal under Order XLIII of the Code of Civil Procedure, since not passed under Order XXXIX Rules 1 and 2 of the Code arising out of a suit, the appeal is not maintainable.
3. Accordingly, FMA 730 of 2026 is dismissed as not maintainable, with liberty to the appellants to prefer an appropriate challenge against the impugned order before the appropriate Court/Bench.
4. It is made clear that this court has not entered into the merits of the case.
5. CAN 1 of 2026 is also disposed of consequentially.
6. The learned Advocate-on-record for the appellants is will be at liberty to take back the certified copy of the impugned order upon furnishing a photocopy of the same for the records.
7. There will be no order as to costs.
8. Urgent certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Sabyasachi Bhattacharyya, J.) (Sandip Kumar De, J.)