AD-08 Ct No.16

07.03.2025 TN CO 3745 of 2024 Sri Asit Kumar Khanra Vs.

Sk. Akram and others Mr. Krishna Das Poddar, Mr. Subir Sabud, Mr. Surajit Maity, Ms. Rubina Akhtar, Ms. Mandira Barman …. for the petitioner Mr. Gopal Ch. Ghosh, Ld. Sr. Adv., Mr. Rajkrishna Mondal ….for the opposite parties

1. Learned counsel for the petitioner submits that the present revisional application has been filed against an order whereby the miscellaneous appellate court affirmed an order of dismissal of the petitioner’s application for temporary injunction.

2. In the same breath, it is pointed out that during pendency of the injunction application in the trial court, the plaintiff/petitioner was dispossessed by the opposite parties in violation of an ad interim injunction which was initially being enjoyed by the plaintiff/petitioner. Learned senior counsel appearing for the opposite parties denies that the petitioner was dispossessed illegally or in violation of any injunction order.

3. However, fact remains that admittedly the plaintiff/petitioner has been dispossessed and, as such, at the present juncture even if the revisional application is allowed and the orders of the courts below was set aside, no temporary injunction can be granted to protect the possession of the plaintiff/petitioner, since the petitioner is not in possession.

4. I also find that although an application under Order XXXIX Rule 2A of the Code of Civil Procedure has been filed by the plaintiff/petitioner in the court below, there is no subsisting application for restoration of possession alleging that the petitioner has been ousted from the possession in violation of an order of ad interim injunction.

5. Accordingly, the revisional application, even if allowed, such order would be illusory and enure to no one’s benefit, since the court would be powerless to grant injunction protecting possession which is no longer there.

6. Accordingly, the revisional application is adjourned sine die and shall go out of the list.

7. Liberty is given to the plaintiff/petitioner to file an appropriate application seeking restoration of the possession on the ground of having been ousted in violation of an ad interim order of injunction.

8. It is made clear that if such an application is filed, the learned Trial Judge shall decide the same without being influenced unnecessarily by any of the observations made by the orders impugned herein or in this order.

9. Subject to such application being decided either way, leave is granted to the parties to mention the revisional application for inclusion in the list.

(Sabyasachi Bhattacharyya, J.)