Calcutta High Court
Arsed Ali Mandal & Ors. v. Sahid Mandal & Ors.
CO/2846/2026
- Decision date
- 2026-09-08
- Text availability
- Full text
- Judges
- Hiranmay Bhattacharyya
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
Sl.20 08.09.2026 Court No.6 BP C.O. 2846 of 2026 Arsed Ali Mandal & Ors. -versus- Sahid Mandal & Ors. Md. Younush Mondal Md. A.R. Jaglul Kabir ..for the petitioners The learned advocate appearing for the petitioners submits that by an order dated 20th April, 2026 the injunction order was extended till 24th September, 2026 but the matter was taken up on 15th June, 2026 without serving any notice upon the plaintiffs/petitioners. He submits that the learned trial judge could not have vacated the injunction order by order dated 15th June, 2026. After going through the order dated 15th June, 2026 this Court finds that 13th July, 2026 was fixed for filing show cause by the plaintiffs as to why the suit shall not be dismissed. On a query of the Court the learned advocate appearing for the petitioners submits that 24th September, 2026 is fixed before the learned trial judge. In view thereof, this Court feels that instead of keeping this matter pending before this Court the interest of justice would be sub-served if the petitioners are permitted to file a show cause petition explaining the reasons in support of his case on or before the next date 2 of hearing upon serving a copy of the same to the defendants/opposite parties.
C.O. 2846 of 2026 stands disposed of by requesting the learned Civil Judge (Senior Division), 1st Court, Berhampore, Murshidabad to consider the application permitted to be filed by the petitioners by this order and pass orders in accordance with law. The learned trial judge shall take note of the order dated 20th April, 2026 while deciding the show cause petition that may be filed by the petitioners. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)