Swapan Kumar Khanra vs Kajal Bera & Ors
2022 Latest Caselaw 5071 Cal

03.08.2022
Sl.No. 52
 Ct.No.3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                     FMA 675 of 2022

                  Swapan Kumar Khanra
                           VS
                    Kajal Bera & Ors.
                          With
                     CAN/1/20222


              Mr. Udaynarayan Betal
              Mr. Mriganka Patra
                                 ...for the appellant/defendant
              Mr. Sanjib Dutta
              Mr. Manoj Kurmi
                               ...for the respondent nos. 1 & 2

Re: CAN/1/2022

We have heard out the appeal itself today,

dispensing with all formalities.

We do not find any infirmity in the

impugned judgment and order of the learned

court below restraining the appellant/defendant

from making any construction on the subject

property. This is so, because the ownership and

possession of the co-sharer is joint. Before the

shares are determined and a plan for partition

prepared, the balance of convenience is in favour

of not allowing any construction. The court can

only consider allowing construction after the

preliminary decree is passed declaring the

shares of the parties.

In those circumstances, we dispose of this

appeal (FMA 675 of 2022) by requesting the

learned court below to proceed with the trial of

the suit as expeditiously as possible, so that a

preliminary decree can be made before 31st

December, 2022.

After the preliminary decree is made it

would be open to the appellant/defendant to

approach the court by an application to allow

him to make construction on a designated part

of the property.

The connected application (CAN 1 of 2022)

is also disposed of.

( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )