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The court has issued an order regarding a petition filed by the plaintiffs seeking a temporary injunction against the defendants who are allegedly trying to dispossess them from their property. The court has decided to issue notice to the defendants to respond within 15 days, but has refused the ad-interim injunction at this stage due to lack of urgency. A hearing for the injunction is scheduled for April 16, 2024.

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Saniur Rahaman
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29 views1 page

Display PDF

The court has issued an order regarding a petition filed by the plaintiffs seeking a temporary injunction against the defendants who are allegedly trying to dispossess them from their property. The court has decided to issue notice to the defendants to respond within 15 days, but has refused the ad-interim injunction at this stage due to lack of urgency. A hearing for the injunction is scheduled for April 16, 2024.

Uploaded by

Saniur Rahaman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

T.

S 106 of 2023

Order no. 5 Dated : 14.03.2024

The record is put up by a petition filed by the Ld. Advocate for the plaintiffs.
Ld. Advocate for the plaintiffs files a petition for moving the petition [Link]. 39 rule 1 and 2 read
with section 151 CPC along with documents in Xerox by way of firisti.
It transpires from the report of Sherestadar that there is no caveat pending in this suit.
Issue notice upon the principal defendants asking them to show cause within 15 days from the
date of receipt of the notice as to why the temporary injunction, as prayed for by the plaintiffs, shall
not be granted against them.
Heard Ld. Advocate for the plaintiffs. Perused the record carefully. Considered.

The plaintiff’s case in a nutshell is that the plaintiffs are the owner of schedule property.
Defendant Nos. 1 to 3 are trying dispossess the plaintiff and is trying to change the nature and
character of the suit property. The plaintiff has prayed for injunction upon the defendant so that he
might not change the nature and character of the suit property described in schedule and so that the
plaintiff may not be dispossessed without due process of law.

I perused the petitions, application and supporting documents.

On perusal of the documents filed by the plaintiff I find that suit property is in respect of khatian
no. 1 and further that the suit was filed on 06.03.2023, till this date the plaintiffs could not show that
there was any urgency.

Under such circumstances I do not find it proper to allow the application at this stage without
giving the defendants an opportunity of being heard.

Hence, it is O R D E R E D,

That the ad-interim order of injunction is refused at this stage.

Issue notice upon the principal defendant asking him to show cause within 15 days from the
date of receipt of the notice as to why the temporary injunction, as prayed for by the plaintiff, shall not
be granted against them.
To 16.04.2024 for S/R and Injunction hearing.

D/C by me

Civil Judge (Jr. Divn) 1st Court


Berhampore, Murshidabad
Civil Judge (Jr. Divn) 1st Court
Berhampore, Murshidabad

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