Sri Kiriti Bhusan Mukherjee vs Smt. Tupurani Mukherjee & Ors
2021 Latest Caselaw 88 Cal

     07.01.
45
      2021
AG
 M                             FAT 64 of 2020
Ct                                  With
02                  CAN 1 of 2020 (Old CAN 1457 0f 2020)
                           (Via Video Conference)

                           Sri Kiriti Bhusan Mukherjee
                                         vs
                         Smt. Tupurani Mukherjee & Ors

              Ms. Prajaani Das,
                                              ... For the Appellant.

                   The suit for partition and separation of share is
              dismissed by the Trial Court on a technical ground that
              all the co-sharers have not been impleaded as a party
              therein.   According   to     learned   advocate   for   the
              appellant, there is an apparent illegality in the said
              judgment as the Court did not consider that apart from
              the parties, there is no co-sharer of the said property.
                   It appears from the document annexed to the
              instant application that the petitioner/ appellant was
              enjoying the interim order of injunction during the
              pendency of the said suit property.
                   After perusing the averments as well as the
              findings recorded in the said impugned order, we are
              not inclined to pass the ad interim order in the form in
              which the same was passed by the Trial Court.
              However, if the possession is disturbed, it may invite
              anomalous situation. The possession of the respective
              parties are not in dispute.
                   We, therefore, direct the parties to maintain
              status quo with regard to possession in respect of the
              suit property for a period of four weeks from date or
              until further order, whichever is earlier.
                   The appellant is directed to serve the copy of the
              application upon the respondents by speed post and file

affidavit-of-service on the returnable date.

The application is made returnable after three weeks.

(Kausik Chanda , J) (Harish Tandon, J)