Calcutta High Court (Appellete Side)
Sreyashi Ray vs Ranajay Ray on 27 February, 2023
27.02.2023
Sl.No. 10
Ct.No.3
Amalranjan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
FMAT 461 of 2022
With
CAN 1 of 2022
Sreyashi Ray
VS
Ranajay Ray
Mr. Rahul Karmakar
Mr. Soumajit Majumdar
Mr. Sounak Mukherjee
Ms. Shyantee Datta
...for the appellant
Mr. Shohini Chakraborty
Ms. Prajaaini Das
...for the respondent
Re: CAN 1 of 2022
We propose to hear out the appeal
dispensing with all formalities.
The impugned judgment and order is of 26th
September, 2022.
The appeal and the stay/ injunction
application have come up for consideration
before us today. It is against an order refusing
to grant an interim injunction to the
appellant/defendant.
The appellant/ defendant made an
application before the learned court below for an
order of injunction restraining the respondent/
plaintiff from preventing her entry into the
subject premises.
We have been told that the application in
the learned court below is ready for hearing. It is
to be heard along with other interim
applications.
It is a partition and administration suit
where admittedly the appellant has an
ascertained share.
However, Mrs. Chakraborty, learned
advocate for the respondent submits that the
appellant has been permanently residing in
Bangalore and has no use for the subject
premises.
On the other hand, Mr. Karmakar, learned
advocate for the appellant submits that
periodically his client comes to Kolkata, has no
place to live here and stays in a hotel.
As an interim measure, we direct the
following:
a. Whenever the appellant wishes to stay in
Kolkata she shall at least 48 hours before
her arrival inform the appellant as well
as the OC of the local police station,
Garfa, Kolkata.
b. On her arrival, the OC will himself or
through an officer deputed by him
ascertain the length exact timings and
details of her stay in the subject
premises.
c. This shall be communicated by the police
to the respondent.
d. On her arrival any officer of Garfa police
station shall in the presence of the
respondent allow the appellant entry in
to the premises, identify the room where
her belongings are kept and allow her to
stay in that room during the duration of
the stay.
e. The police in dialogue with the parties
shall ensure that the atmosphere is as
amicable as possible and that peace be
maintained from the time of entry of the
appellant till the time of her departure.
The above directions shall be valid till 30th
April, 2023.
All paraphernalias to implement this order
shall be worked out by the police in consultation
with the parties.
In the meantime, the said interim
application along with the other applications is
to be heard out by the learned court below upon
hearing the parties and by a reasoned order.
All points are kept open before the learned
court below.
Our observations are to be taken as prima
facie.
The appeal and connected application are
disposed of.
( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )
