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2011 Supreme(Cal) 1487

DIPANKAR DATTA
Joydev Das – Appellant
Versus
Khandubala Das – Respondent


Advocates Appeared:
For the Petitioner:Rabindra Nath Mahata, Prasanta Bihari Mahata, Advocates.
For the Opposite Parties:Parimal Kumar Dwari, Advocate.

Judgment :

1. The opposite party no.1, being the mother of the petitioner, instituted a suit for declaration and injunction before the trial Court impleading him as defendant no.1. She sought relief of declaration to the effect that the petitioner has no right, title, and interest in respect of the suit property and for injunction restraining him from disturbing her peaceful possession and enjoyment of such property. The defendant no. 2 in the suit is the Assistant Engineer of the West Bengal State Electricity Company Limited (hereafter the company).

2. In connection with the suit, an application under Order 39 Rules 1 and 2 read with Section 151, Civil Procedure Code was filed by the opposite party no.1. While praying for an order of temporary injunction on the petitioner not to disturb her peaceful possession and enjoyment of the suit property, she also prayed for an order restraining the petitioner from changing the nature and character of the suit property and from obtaining supply of electricity in the portion of the suit property under his occupation.

Upon hearing the opposite party no. 1, the trial Court by order dated July 15, 2009 granted ex-parte ad-interim relief as praye



























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