BASUDEV Vs. SMTI P VASUMATHI
LAWS(CAL)-2014-1-128
HIGH COURT OF CALCUTTA
Decided on January 06,2014

BASUDEV Appellant
VERSUS
Smti P Vasumathi Respondents

JUDGEMENT

- (1.) THE petitioner in this application under Article 227 of the Constitution of India dated August 02, 2013 is aggrieved by an order of the District Judge, Andaman & Nicobar Islands dated April 26, 2013 in a Misc. Appeal No.06 of 2013.
(2.) THE relevant part of the order is quoted below: " that the instant appeal be and the same is allowed on contest but without cost. The impugned order No.8 dated 18.01.2013 passed by Ld. Civil Judge(Junior Division), Port Blair is hereby set aside."
(3.) BOTH the parties are directed to maintain status -quo as to possession, nature and character of the suit property till disposal of the suit. The injunction application filed u/o 39 Rule 1 and 2 of CPC by the appellant in this appeal, is disposed of accordingly along with this appeal." The opposite party filed a suit against the petitioner and in the suit she filed an application for injunction. By an order dated January 18, 2013 the Civil Judge(Junior Division) at Port Blair rejected the injunction application on the grounds that the opposite party failed to make out a prima facie case. According to the District Judge, the Civil Judge(Junior Division) refused injunction "without considering the actual facts."Advocate for the petitioner has submitted that the District Judge did not say what made out a prima facie case for injunction. Advocate for the opposite party has found little to say in response to this specific contention.;


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