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ARIJIT BANERJEE
Nanda Roy – Appellant
Versus
Gynanidhi Trust – Respondent


Advocate Appeared:
For the Petitioners:Protik Prakash Banerji, Md. Danish Taslim, Farooque Ali and Debapriya Chatterjee, Advocates
For the Respondents:Anindya Mitra, Sr. Advocate, Abhrajit Mitra, Sr. Advocate, Soumya Roy Choudhury, Radhika Singh, Jishnu Chowdhury and Sarvapriya Mukherjee, Advocates

JUDGMENT :

Arijit Banerjee, J.

In this revisional application the petitioners challenge a judgment and order dated 24th April, 2013 passed by the Ld. Additional District Judge, 11th Court at Alipore, District South 24 Parganas in Misc. Appeal No. 200 of 2011 dismissing an appeal against an order dated 21st April, 2011 passed by the Ld. Civil Judge (Junior Division), 1st Court at Alipore, District 24 Parganas South in Title Suit No. 1163 of 2011. By the order dated 21st April, 2011 the Ld. Trial Judge refused to pass an ex parte ad interim order of injunction on an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure and directed issuance of notice upon the defendants to show cause as to why the prayer for temporary injunction shall not be allowed. Being aggrieved, the petitioners herein who are the plaintiffs in the suit, preferred Misc. Appeal No. 200 of 2011 before the Ld. Addl. District Judge. By the judgment and order impugned in the present application the Ld. Addl. District Judge held that the appeal was not maintainable.

2. The sole question that arises for consideration by this court is whether an order by which the Lower Court directs issuance of notice to











































































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