Bijoy Krishna Das vs Kartick Ghoral & Anr
2023 Latest Caselaw 4469 Cal

    7                      IN THE HIGH COURT AT CALCUTTA
24.07.2023                  CIVIL APPELLATE JURISDICTION
 (BM)
   Ct 236                          APPELLATE SIDE

                                    SA 196 OF 2017

                                 Bijoy Krishna Das
                                           Vs.
                              Kartick Ghoral & Anr.

                   Mr. Abir Lal Chakravorti
                                               .... for the appellant.

                   Mr. Kaushik Sarkar         ... for the respondents.

Re: I.A. No.3 of 2021

Affidavit-in-opposition is taken on record.

In a suit for declaration and permanent injunction

filed by the appellant which was dismissed. The plaintiff

made an unsuccessful attempt to get the judgment

reversed before the Learned First Appellate Court. The

second appeal was admitted on 15 th September, 2017 and

two substantial questions of law have been framed.

After admission of the second appeal, direction was

given upon the parties to maintain status quo with regard

to the possession of the suit property till the disposal of

the injunction application.

Heard the learned counsels representing the

parties.

Admittedly, the possession of the suit property is

with the respondents and respondents have undertaken

construction under the Pradhanmanti Awas Yogona. If

the appeal is decided in favour of the appellant /

petitioner, the defendant / respondent may have to face

the consequences.

I do not find any reason to prohibit the

defendants/respondents to carry out the work of

construction but no third party interest shall be created

in respect of the suit property till the disposal of the

appeal. The construction is made by the respondents

may be at their own peril.

I.A. No.3 of 2021 is disposed of.

There shall be no order as to costs.

All parties shall act on the server copies of this

order duly downloaded from the official website of this

Hon'ble Court.

(Siddhartha Roy Chowdhury, J.)