CHANDRA BHATTACHARYYA Vs. NILKAMAL BHATTACHARYYA

JUDGEMENT

(1.) Being aggrieved and dis-satisfied with the judgment and order dtd. 10/1/2012 passed by the learned Civil Judge (Senior Division)-cum-Assistant Sessions Judge, Baruipur, South 24-Parganas in Misc. Appeal No. 4 of 2008 the present application has been assailed.

(2.) By the impugned order, the learned Court below has set aside the order of the Trial Court and sent back the case on remand for fresh consideration by the Trial Court.

(3.) Mr. Pulak Ranjan Mondal, learned Counsel appearing on behalf of the petitioners submits that the petitioners herein obtained an order of injunction in the form of status quo in the suit filed by them and defendant opposite parties herein in spite of specific knowledge, violated the order of injunction and as such the petitioner herein preferred the aforesaid Misc. Case being No. 8 of 2002 under Order XXXIX, Rule 2A of the Code of Civil Procedure. He further contended that the summons of the said Misc. Case 8 of 2002 was duly served upon the opposite parties but opposite parties did not contest the said Misc. Case and as such learned Judge was pleased to allow the Misc. Case ex parte and directed the petitioner to furnish the list of the immovable properties of the opposite parties for attachment by the next date. Being aggrieved by the said order the opposite parties / defendants preferred Misc. Appeal being No. 4 of 2008. Learned Appellate Court after hearing both the parties was pleased to pass the impugned order of remand.