ASHA CHAUBAY Vs. SHIB DAYAL SHUKLA

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against an order dated 28th July, 2008 passed by the learned district Judge at Howrah in Misc. Appeal No. 22 of 2008 where by the said misc. Appeal was allowed to be dismissed for non-prosecution without considering the petitioner's two applications; one for restoration of his possession and another for interim injunction, on merit.

(2.) THE plaintiff/respondent/petitioner herein is aggrieved by that part of the impugned order by which the learned District Judge refused to entertain the petitioner's those two applications on the plea of lack of jurisdiction of the Appeal Court in entertaining those applications in the said appeal. Hence, the instant application under Article 227 of the constitution of India has been filed by the plaintiff/respondent/petitioner herein before this Court.

(3.) HEARD Mr. Chatterjee, learned Senior Counsel appearing for the petitioner and Mr. Roy Chowdhury, learned Senior Counsel appearing for the defendant/appellant/opposite party herein.