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2026 Supreme(Cal) 567

IN THE HIGH COURT AT CALCUTTA
SMITA DAS DE
Onkar Parivahan Finance Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the petitioners: Mr. Saptangshu Basu, ld. Sr. adv. Mr. Anjan Bhattacharya Ms. Sucheta Das
For the respondent nos. 10 & 11: Mr. Joy Chakraborty Ms. Ipsita Ghosh
For the State of West Bengal : Ms. Sabita Roy, ld. Jr. Govt. adv. Ms. Tanushree Ghosh
For the private respondent nos. 7, 8 & 9: Mr. Abhilash Chatterjee

ORDER

1. The petitioners in the instant case are the absolute owners and occupiers of the property in question. The petitioners pray, inter alia, for a direction restraining respondent nos. 7 to 11 from interfering with the construction of the main gate and boundary wall and the eastern side adjacent to the National High Way 6 (NH6) and western side of the boundary wall of the said premises.

2. The petitioners submit that the civil suit has already been filed. The private respondents have instituted T.S. No. 25 of 2006 and obtained an order of injunction on 10.09.2025 restraining change in the nature and character of the suit property till the disposal of the suit which is reproduced below.

Ordered

“that both the parties are directed not to transfer the suit property to any 3rd party and also not to change the nature and character of the suit property as it stands on this date, till the disposal of the suit.

The instant injunction petition U/O 39 Rule 1 & 2, CPC is hereby disposed of on contest but without any order as to costs. The petition for extension of the injunction order is disposed of accordingly.

The Plaintiffs are directed to file a fresh plaint in view of the order dated 24.1

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