Harish Tandon, J. - (1.) An application under Article 227 of the Constitution of India is filed by the defendants/petitioners challenging an order dated 23rd September 2016 passed by the learned Civil Judge (Junior Division), 4th Court, Howrah in Title Suit No. 1258 of 2016 granting an ex parte ad interim order of injunction restraining the defendants/petitioners from making any constructions over the C schedule property or encroaching A schedule common passage or dismantling the drain till 15th November 2016.
(2.) Mr. Kishore Datta, learned senior advocate appearing on behalf of the petitioners, submits that though the remedy lies against the said order under Order XLIII Rule 1(r) of the Code of Civil Procedure but because of the ensuing Puja Vacation the Civil Court does not accept the filing of a new matter and, therefore, the petitioners cannot be rendered without any remedy.
(3.) There is no difficulty in entertaining the application under Article 227 of the Constitution of India by the High Court if the remedy provided under the statute is not available. In exceptional and extraordinary cases where the order has serious civil consequences requiring immediate protection, the Court can entertain the application under Article 227 of the Constitution of India.;