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2025 Supreme(Online)(Cal) 3985

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
Shri Dulal Chandra Mal – Appellant
Versus
Smt. Ludgi Tudu – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sourav Sen, Mr. S. Chakraborty, Ms. A. Chakraborty
For the Respondents: Mr. Biswajit Mukherjee, Ms. Ankita Nandi, Ms. Swastika Saha

Mr. Sourav Sen, Mr. S. Chakraborty, Ms. A. Chakraborty …..for the Petitioner Mr. Biswajit Mukherjee, Ms. Ankita Nandi, Ms. Swastika Saha …for Opposite Party No. 1 This application under Article 227 of the Constitution of India is directed against the judgment and order dated 17th April, 2025 passed by the learned Additional District Judge, 1st Court at Barrackpore in Misc. Appeal No. 58 of 2024 affirming the order dated 7th May, 2024 passed by the learned Civil Judge (Jr. Division), 1st Court at Barrackpore in Title Suit No.

129 of 2024.

The opposite party no.1 filed a suit for declaration of title and for permanent injunction against the petitioner as well as the other opposite parties. In such a suit, the opposite party no. 1 filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure .

The learned trial Judge by the order dated 7th May, 2024 passed ad-interim order of injunction restraining the defendant/petitioner herein from disturbing the peaceful possession of the opposite party no. 1 in respect of the suit property for a specified time limit.

Being aggrieved by such order, the petitioner preferred a Misc. Appeal being no. 58 of 2024, which was dismissed b

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