RANI SATIJI MANDIR Vs. SHYAM SUNDAR JHUNJHUNWALA
HIGH COURT OF CALCUTTA
SRI RANI SATIJI MANDIR
SHYAM SUNDAR JHUNJHUNWALA
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Ashamukul Pal, J. -
(1.) On the 20th of Jan., 1983, on an application filed by Durgaprosad Jhunjhunwalla and Ors., under Section 5 of the Limitation Act for condonation of delay in preferring an appeal against the order for temporary injunction passed by the learned Judge of the City Civil Court in T. S. No. 2301/1982 (Shyam Sundar Jhunjhunwalla and Ors. v. Durgaprosad Jhunjhunwalla and Ors.) and on another application filed on the same day for delay of operation of the aforesaid order of temporary injunction, being Order No. 4 dated 7-12-82, a Rule was issued and an interim order was passed by this Court staying operation of the order dated 7-12-82 passed by the learned Judge, 11th Bench of the City Civil Court and all proceedings relating thereto. The order was as follows:--
"There will be an interim order staying operation of the order dated December 7, 1982 passed by the Judge, 11th Bench, City Civil Court at Calcutta in T. S. No. 2301/82 and all proceeding relating thereto till the 14th of February, 1983 with liberty to the petitioners to have the same extended upon prior notice to the Respondents."
(2.) In the order that was passed on the 7th of December, 1982 an interim injunction was granted in terms of prayers (a) & (b) of the application filed by the opposite parties in this Rule (Plaintiffs in the suit before the City Civil Court) and the said learned Judge passed orders by issuance of a temporary injunction restraining the defendants Nos. 1 and 2 (petitioners herein) from taking part in the management of the Society or from managing, alienating, selling or encumbering or in way dealing with the assets, properties and/ or moneys belonging to the Society and/ or from removing, destroying, taking away or keeping in their custody an account book, register, deeds, documents, papers concerning or relating to the said Society until the disposal of the suit.
(3.) The learned Judge of the City Civil Court further ordered that the defendants would be called upon to show cause why the ad interim order should not be made absolute and fixed the date on the 5th of Jan, 1983 for further orders.;
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