Order No:07                                                                      Date:06 /03/2024

Today is fixed for hearing of the injunction matter.  Both parties are found present.  OPs have filed some documents as per Firisti.  Let it be kept with the record.

Heard both sides.  Considered submission.

Perused the injunction petition and the W/O.  After going through the material of this case record it appears that the complainant has suppressed the fact that one Civil Case being and Title Suit No. 686/2023 is pending  before the Ld. Civil Judge ( Junior Division) Howrah   and the said Civil Case has been filed prior to the institution of this  Complaint and MA Case.  It is also found that the Ld. Civil Court   has passed the order of injunction over the suit property and said injunction order is still in existence.  But the complainant side has totally suppressed this matter.  It is clearly reflecting that the complainant has not come before this District Commission in clean hand.  So, the complainant is not entitled to get any equitable relief.

Considering this aspect the prior for injunction of the complainant which is filed in this MA Case is rejected.

In the light of the observation made above this MA Case being No. 83/2023 is dismissed on contest and it is disposed of.

Dictated & corrected by me

President