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2023 Supreme(Cal) 781

BISWAROOP CHOWDHURY
Paritosh Saha – Appellant
Versus
Subhash Chandra Basu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arnab Mukherjee, Adv., Mr. Souparno Pyne, Adv., Mr. P. Barman, Adv.
For the Opposite Party : Mr. Sudip Ghosh, Adv., Mr. Pankaj Halder, Adv.

JUDGMENT :

Biswaroop Chowdhury, J.

1. The petitioner before this Court is the respondent in the Learned Appellate Court and is directed against the Order passed by the Learned Court in setting aside the ad-interim Order of injunction passed by the Learned Trial Court.

2. The case of the petitioner may be summed up thus:

    1) In the month of February 2021 the plaintiff/ petitioner filed the suit being T.S. No. 236 of 2021 before the Learned Civil Judge (Junior Division) 3rd Court at Howrah against the defendant/opposite party by praying inter alia for a decree of declaration against the defendant to the effect that the plaintiff is a tenant, under the defendant, decree for permanent injunction an Order for temporary injunction and other reliefs.

2) The petitioner/plaintiff along with the plaint also filed an application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure for grant of temporary injunction.

3) The application for temporary injunction was moved before the Learned Court below and the Learned Court was pleased to grant ad-interim temporary injunction and the defendant was restrained from disposing the plaintiff/petitioner in respect of the suit prop

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