BINAPANI KANJI Vs. ASHUTOSH HALDER & ORS

JUDGEMENT

(1.) The challenge is made to an order no. 150 dated July 20, 2016 passed by the learned Civil Judge (Senior Division), Diamond Harbour, 24-Parganas in Title Suit No. 173 of 1999 on the ground that the Trial Court cannot postpone the disposal of an application for mandatory injunction to be taken up at the time of final hearing of the suit.

(2.) The learned advocate for the opposite parties raises preliminary objections. The first objection he took is that the application under Article 227 of the Constitution of India is not maintainable, as remedy lies by way of an appeal under the provisions of the Code of Civil Procedure.

(3.) The second preliminary objection taken by the learned advocate for the opposite parties is that the Court cannot grant mandatory injunction at the interlocutory stage.