Order No: 16                                                                                Date:26/09/2023

Today is fixed for hearing of this M.A. Case which has been initiated in view of the application filed by complainant / applicant side for passing an order of injunction in respect of the schedule mentioned property.  Complainant today appeared by filing fresh Vakalatnama through Debdyoti Ghosh, Advocate  and another. Let it be kept with record.  Complainant has  filed an application for extension of the ad-interim order of  injunction.  Copy  not served.

Ld. Advocates of both sides  are  present.  Heard both sides.  Considered submission.

Perused the injunction application which is  filed by complainant / applicant side.  Examined the written objection and BNA  which have been filed by the O.Ps.

In course of hearing Ld. Advocates of both sides argued that on 27.10.2021 and on 20.01.2021 the complainant / applicant side had not taken any steps for extension of  the ad-interim order of injunction and so there is no scope for allowing  the injunction petition which is  filed by complainant / applicant side.

On the other hand  it is the main point of contention  and argument  of the complainant / applicant  side that on the above noted two dates  the complainant had filed  application for extension ad-interim order of injunction  but no order has been passed.

After going through the material of the case record of M.A. Case No. 20/2021 as well as C.C. Case No. 165/2021 this District Commission finds that there is no dispute  over the issue  that an ad-interim order of injunction was passed by this District Commission and that order has been extended  time to time excepting  the above noted two dates but fact remains that for not passing any order in the above noted two dates,   the OP has not come forward with any application for termination of the injunction order.  In view of this position the O.P. is estopped from challenging the above noted matter, however, as the ad-interim order of injunction has been extended time to time in favour of the complainant / applicant side, this District Commission finds that if the said order can be made absolute and confirm till the disposal of the C.C. Case No. 165/2021 and so the interest of the parties shall not be affected in any way.

Thus, the ad-interim order of injunction which has been passed in this case is confirmed till the disposal of C.C. Case No. 165/2021.

In the light of the observation made above the M.A. Case No. 20/2021  is disposed of on contest.

Let the case record of M.A. Case No. 20/2021 be tagged with the case record of C.C. Case No. 165/2021

 Dictated & corrected by me.

President