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2010 Supreme(Cal) 196

KALIDAS MUKHERJEE
Saila Roy – Appellant
Versus
Shib Sankar Ghosh – Respondent


Advocates Appeared:
Animesh Das, Sucharita Bisvas, Sukumar Das

JUDGMENT

KALIDAS MUKHERJEE, J.

1. THIS is an application under Article 227 of the Constitution of India assailing the order No. 73 dated 16th July, 2008 passed by learned Civil Judge (Junior Division), 4th Court, Howrah in T.S. No. 162 of 2004. The case of the petitioners in short is that plaintiffs/O.Ps. herein filed a suit against the defendants/petitioners herein before the learned Court below praying, inter alia, for a decree for declaration and for injunction.

2. IN the said suit the Opposite parties filed an application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure and the learned Court below passed an adinterim order of injunction vide order No. 2 dated 20th September, 2004. On August 18, 2005 the defendant Nos. 1 and 3 entered appearance in the said suit and prayed for time to file objection against the application for injunction and also to file written statement. The plaintiffs/opposite parties filed an application on October 5, 2005 under Section 151 of the Code of Civil Procedure, inter alia, praying for an order directing the officer-in-charge of Domjur Police Station to see that the injunction order passed by the learned Court below ag









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