Jyotirmay Bhattacharya, J. - (1.) This first miscellaneous appeal is directed against an order dated 17th April, 2017 passed by the learned Civil Judge (Senior Division), 10th Court, Alipore in Title suit No. 49 of 2017 at the instance of the defendant/appellant.
(2.) We decline to enter into the merit of this appeal as the appeal has now become infructuous due to passage of time. Interim order, passed by the learned Trial Judge vide the impugned order, lost its force by the time when the appeal was called on for hearing for its admission under Order XLI Rule 11 of the Code of Civil Procedure. However, we are informed by the learned counsel appearing for the parties that hearing of the plaintiff's application for temporary injunction has already commenced and submission on behalf of the defendant has already concluded. We are further informed that tomorrow is the date fixed for further hearing of the injunction matter when the plaintiff will have to address the court.
(3.) Mr. Chatterjee, learned counsel appearing for the plaintiff/respondent submits that they will take at least two days for completing their submission before the learned Trial Judge.;