Gautam Saraf And Ors vs Ashok Kumar Saraf And Ors
2026 Latest Caselaw 601 Cal/2

Calcutta High Court

Gautam Saraf And Ors vs Ashok Kumar Saraf And Ors on 6 February, 2026

ODSL-1

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

                             IA NO. GA/1/2026
                               IN CS/6/2026

                        GAUTAM SARAF AND ORS.
                                 VS
                      ASHOK KUMAR SARAF AND ORS.


BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 6th February, 2026.

                                                                      APPEARANCE:
                                                          Mr. Anirban Ray, Sr. Adv.
                                                      Ms. Urmila Chakraborty, Adv.
                                                          Mr. Orijit Chatterjee, Adv.
                                                       Ms. Sabarni Mukherjee, Adv.
                                                                Ms. S. Ahmed, Adv.
                                                          Ms. Aishi Chatterjee, Adv.
                                                                    ...for petitioners.


    1. Mr. Ray learned Counsel for the plaintiffs/petitioners is present.

    2. Heard learned Counsel for the plaintiffs.

    3. This application for injunction is moved seeking order of restraint

         upon the defendants from dealing with and/or disposing of and/or

         transferring and/or alienating and/or creating any third party

         interest in the schedule R property mentioned in the plaint and

         further order restraining the respondents/defendants and their men,

agents or assigns from removing and/or withdrawing any sum from

the joint family property, being Schedule "R" annexed therein.

4. It is the contention of the petitioners/plaintiffs that there is urgency

in this matter and the respondent should be restrained from

disposing and/or alienating and/or transferring and/or creating any

third party interest in the schedule property and withdrawing any

sum from the joint family property and attempting to create third

party interest therein. The plaintiff have specifically mentioned about

the property being CL 198, Sector-II, Salt Lake, Kolkata - 700091

which is visited by brokers and prospective purchasers.

5. The petitioners/plaintiffs have specifically stated as to how he has

acquired knowledge with regard to the said property being attempted

to be alienated.

6. Upon hearing the learned Counsel and considering the facts of the

case and the nature of the suit and the exigencies involved, this Court

is of the view that considering the balance of convenience and

irreparable lass with regard to the property, it would be just and

reasonable to hear the matter ex-parte and protect the plaintiffs by an

order of injunction.

7. Thus, there will be an ad interim order of injunction in terms prayers

(a) and (b) of the Notice of motion dated 6 th February, 2026 for the

period of two weeks.

8. The plaintiffs/petitioners shall cause service of the copy of the

injunction application along with the plaint and relevant documents

upon the defendants on or before 09.02.2026 and file affidavit of

service forthwith.

9. Let this matter appear on 20th February, 2026.

(BISWAROOP CHOWDHURY, J.)

gb.