Smt. Shrabani Chatterjee & Anr vs Smt. Krishna Majumdar & Anr
2022 Latest Caselaw 5016 Cal

 02.08.2022
 Item No.17
Court No.32
Avijit Mitra
                              FAT 48 of 2020
                                   with
               IA No. CAN 1 of 2020 (Old CAN No.1133 of 2020)


                      Smt. Shrabani Chatterjee & anr.
                                - Versus -
                      Smt. Krishna Majumdar & anr.

                     Mr. Anujit Mookherji,
                     Ms. Rinky Kumari Shau
                                 ....for the appellants
                     Mr. Arup Krishna Das
                                 ...for the sole respondents

The present appeal has been preferred against the

judgment and decree dated 17th December, 2019 passed

by the learned Civil Judge, Senior Division, 2nd Court,

Asansol, in a Partition Suit being Title Suit No.73 of

2016. In connection with the present appeal, the

application for injunction being IA No. CAN 1 of 2020 (Old

CAN No.1133 of 2020) has been preferred.

Mr. Mookherji, learned advocate appearing for the

appellants submits that the learned Court below failed to

appreciate that an amicable deed of partition was entered

into by the parties, who were the co-sharers in the main

property and the holding no.9 was demarcated in respect

of which the partition suit was preferred. The

respondents are residing in the said property and are

trying to dispose of the same. In view thereof, unless the

interim order, as prayed for, is granted it may lead the

multiplicity of proceedings.

Mr. Das, learned advocate appearing for the

respondents denies and disputes the contention of the

appellants.

Heard the learned advocate appearing for the

appellants and considered the materials on record.

Prima facie, an arguable case has been made out

by the appellants and as such there shall be an interim

order restraining the respondents from changing the

nature and character of the suit property and from

creating any third party interest in the suit property till

the disposal of the appeal.

The application for injunction, being IA No. CAN 1

of 2020 (Old CAN No.1133 of 2020) is, accordingly,

disposed of.

Let the hearing of the appeal be expedited.

As Mr. Das, learned advocate has entered

appearance on behalf of the respondents, service of

notice of appeal upon the said respondents is dispensed

with.

Lower Court Records be called for through Special

Messenger at the cost of the appellants. Such costs shall

be deposited within two weeks from date.

Immediately, after arrival of the Lower Court

Records, the office shall examine the same and, if found

complete, shall issue notice of arrival of Lower Court

Records to the learned advocate appearing for the

appellants.

The appellants are directed to prepare requisite

number of informal paper books-printed, typewritten or

cyclostyled, as the case may be, out of Court, within four

weeks from the date of service of notice of arrival of

Lower Court Records and to file the same after serving

copies thereof upon the learned advocate appearing for

the respondents.

All formalities regarding preparation of paper

books are dispensed with but the learned advocate for

the appellants shall incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)