Sujata Sen And Anr vs Jiban Kumar Sen And Ors
2026 Latest Caselaw 2766 Cal/2

Calcutta High Court

Sujata Sen And Anr vs Jiban Kumar Sen And Ors on 8 April, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-1                                                                  ORDER SHEET


                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                           ORIGINAL SIDE


                              IA No. GA/1/2026
                                      In
                                 CS/25/2026

                          SUJATA SEN AND ANR.
                                VERSUS
                       JIBAN KUMAR SEN AND ORS.


 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 8th April, 2026.

Appearance:

Mr. Shuvasish Sengupta, Adv.

Mr. Arindam Guha, Adv.

Ms. Shalini Dey, Adv.

For the plaintiffs/petitioners.

The Court :- In a suit for partition and administration, the

plaintiffs/petitioners have taken out an application, inter alia, for injunction

and appointment of a Receiver.

The plaintiffs/petitioners say that they intend to move this

application ex parte only for the purpose of appointment of a Special

Officer/Receiver to visit the two suit properties and ascertain who are the

tenants and/or occupants of the said two premises, what is the monthly

rent/occupational charges the said tenants/occupants are paying, who is

collecting the rent/occupational charges, who is signing the bills and the

specific portion of area under their respective possession. Although, the

plaintiffs/petitioners' apprehension is that on the notice being served the

defendants may alter the possession and create fictitious tenancies or

occupants, but this Court is not inclined to pass an order ex parte to send a

Special Officer/Receiver to visit the tenanted portions as that may take the

bona fide tenants by surprise and cause inconvenience to them. However, to

prevent multiplicity of judicial proceedings and as the apprehension of

creation fictitious tenancies or occupancies as expressed by the plaintiffs is

not unfounded, the parties are directed to maintain status quo of the suit

properties as on date.

Let a copy of the application along with the present order be served

on the defendants along with the copy of the plaint in compliance with the

provisions of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (in

short, "CPC").

Let this matter appear in the list on 16 th April, 2026.

(ARINDAM MUKHERJEE, J.)

snn.