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2019 Supreme(Cal) 435

SUBHASIS DASGUPTA
Swapan Kumar Debnath – Appellant
Versus
Indian Oil Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Kushal Chatterjee, Sudarson Halder.
For the Respondents: Rudranil Mitra, Soumava Mukherjee.

JUDGMENT :

1. The impugned order dated 7th May, 2018 passed by learned Additional District Judge, 3rd Court, Alipore, South 24-Parganas, passed in Misc. Appeal No. 149 of 2011 thereby affirming the order of the learned Civil Judge (Junior Division) 2nd Court, Alipore in Misc. Case No. 27 of 2004, under Order 39 Rule 2(A) of C.P.C. arising out of Title Suit No. 168 of 2002 and further allowing the cross objection of the respondent in connection with CIS Misc. Appeal No. 291 of 2016, is the subject of challenge in this Revisional Application, under Article 227 of the Constitution of India.

2. Petitioner/appellant instituted Title Suit No. 168 of 2002, impleading opposite parties/ respondents as defendants. In connection with such suit an ad interim order of injunction was granted against the defendants on 28.06.2002, directing both the parties to the suit to maintain status quo in respect of the suit property and not to change its nature and its character and further not to transfer the same to the third party.

3. It was also alleged by the petitioner that in spite of the ad interim order of injunction granted in this case, the opposite parties, namely Indian Oil Corporation Ltd. commit

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