High CourtsSingle Bench(2018) 03 CAL CK 0032

PROFESSOR SK. SAHANUL HAQUE AND ANOTHER vs RICHARD JULIAS PETERSON AND OTHERS

Calcutta High Court · Decided on 22 March 2018

HON’BLE JUDGES
SABYASACHI BHATTACHARYYA, J
RESULT
Disposed Of
CASE NUMBER
C. O. No. 717 of 2018

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Judgment

16 paragraphs · 281 words

The petitioners move the application in person.

The present revision is directed against an order dated July 7, 2017, whereby the court below has directed that the plaintiff has to conclude hearing of

an application under Order XXII Rule 10 of the Code of Civil Procedure, for addition of a transferee pendente lite, after the hearing of an application

under Section 10 of the Code of Civil Procedure for stay of the suit.

The petitioners submit that the suit property has been transferred in favour of third parties in violation of an order of injunction and that the alleged

transferees are harassing and threatening the petitioners, for which the petitioners are in serious apprehension of danger. The petitioners also submit

that there are aged members in their family, for which they are all the more apprehensive.

However, it appears that the impugned order is innocuous and no right of any of the parties has been decided by virtue of the same. As such, the

impugned order does not call for any interference.

Accordingly, C. O. No. 717 of 2018 is disposed of without interfering with the impugned order.

It is made clear that the disposal of this revisional application will not preclude the petitioners from approaching the trial court to seek redress of their

grievance, as indicated above.

Upon any such application being taken out by the petitioners in the court below, the court below will make all endeavour to dispose of the same at the

earliest upon hearing both sides.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.