Sujata Chakraborty And Anr vs Maya Chakraborty And Anr
2023 Latest Caselaw 3608 Cal

19.05.2023
 KC(6&7)
                               F.M.A.T. 158 of 2023
                           Sujata Chakraborty and Anr.
                                     -versus-
                           Maya Chakraborty and Anr.
                                       With
                                  CAN 1 of 2023
                                          With
                               F.M.A.T. 159 of 2023
                           Sujata Chakraborty and Anr.
                                     -versus-
                           Maya Chakraborty and Anr.
                                       With
                                  CAN 1 of 2023


             Mr. Chayan Gup[ta,
             Mr. Sayantan Chatterjee,
             Mr. Sumit Biswas,
             Mr. Rajarshee Bhowmick.............For the appellants.

             Mr. Hareram Singh,
             Ms. Shilpa Das.......................For the respondents.

Dispensing with all formalities we take up these

appeals along with the connected applications.

As far as the order of the learned court below in

the application of the appellants/plaintiffs for

appointment of a receiver under Order 40 Rule 1 of the

Civil Procedure Code, we see no reason to interfere with

it. The learned judge may consider the question on the

returnable date in the presence of the respondents/

defendants.

With regard to the other part of the order refusing

grant of an injunction restraining the respondents/

defendants from transferring the suit property we are of

the view that the subject matter of the suit is declaration of

the share of the parties together with rival claims for

possession of parts of the property. If during pendency

of the suit one party transfers his share the

adjudication of the suit might become more difficult

than it is now.

In those circumstances, we direct that the

respondents shall not transfer any part of the property

described in schedule 'A' of the plaint in favour of any

third party without obtaining the express leave of the

learned court below.

The impugned judgment and order dated 28th

March, 2023 is superseded by this order. The hearing of

the application may continue. All points are kept open

before the learned court below.

The appeals and the connected applications are

disposed of.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)