Sk. Riyajul vs Sk. Jiyaul
2023 Latest Caselaw 346 Cal

11.01.2023
 KC(11)

                               F.M.A.T. 469 of 2022
                                   Sk. Riyajul
                                     -versus-
                                    Sk. Jiyaul
                                       With
                                  CAN 1 of 2022



             Mr. Debjit Mukherjee,
             Ms. Susmita Chatterjee,
             Ms. Dipanwita Ganguly,
             Mr. Kaustav Bhattacharya.............For the appellant.


                    An affidavit of service is on record. None appears

             for the respondent.

This is an appeal from a judgment and order of

the learned court below refusing to pass an order of

injunction restraining the respondent/defendant/seller

from alienating the property.

On appeal on 20th December, 2022 we admitted it

and directed the respondent/defendant "not to transfer,

encumber or deal with the subject property till 10th

January, 2023 or until further order, whichever is

earlier".

Mr. Mukherjee, learned advocate for the appellant

submits that the next date of hearing before the learned

court below is 3rd February, 2023.

We dispose of this appeal directing continuance of

our above interim order dated 20th December, 2022 till

disposal of the interim application before the learned

court below or until further order passed by that court,

whichever is earlier. All points are kept open before the

learned judge.

The appeal (F.M.A.T. 469 of 2022) and the

connected application (CAN 1 of 2022) are disposed of.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)