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2008 Supreme(Cal) 163

JYOTIRMAY BHATTACHARYA
Fiona Roy – Appellant
Versus
Sipra Roy – Respondent


Advocates Appeared:
For the Appearing Parties:Pramit Roy, Debapriya Majumdar, Pubali Bhattacharya, Rajrupa Bhattacharya, Rajib Mallick, Susanta Kumar Pal, Advocates.

Judgment :-

(1.) THIS application under Article 227 of the Constitution of India is directed against two orders being Order No. 1 dated 29th September, 2007 and Order No. 2 dated 1st October, 2007 both passed by the learned additional District Judge at Barrackpore in Misc. Appeal No. 86 of 2007.

(2.) THE defendant/respondent in the said appeal is the petitioner before this Court.

(3.) THE plaintiffs/opposite parties filed a suit tor declaration of title and for injunction before the learned Trial Judge. In the said suit, the plaintiffs/opposite parties filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, inter alia, praying for temporary injunction.

(4.) SINCE the prayer for ad interim injunction of the plaintiffs/ appellants/opposite parties was rejected by the learned Trial Judge, the plaintiffs/opposite parties filed the aforesaid appeal before the learned additional District Judge at Barrackpore.

(5.) THE said appeal which was registered as Misc. Appeal No. 86 of 2007 was admitted for hearing on 1st October, 2007 vide Order No. 2.

(6.) THE learned Appeal Court, however, refused to grant any ad interim injunction as prayed for by the appellants/opp




































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