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SUBHASIS DASGUPTA
Gobardhan Das – Appellant
Versus
Malati Das – Respondent
JUDGMENT :
1. Subject-matter of challenge is against the order dated 21st November, 2022, passed in Misc. Appeal No.41 of 2022 of learned Additional District Judge, 1st Court, Uluberia, Howrah, staying the order of the trial court, granting ad interim injunction of status quo, with regard to nature, character and possession of the subject property under reference. It is thus against an order of Appeal Court upon reversing order of trial court
2. Admittedly, this is a suit for partition. Opposite parties/defendants are made parties to the partition suit, as co-sharers. Petitioner has acquired his right, title and interest to the suit property on the strength of a partition deed, executed on 7th December, 1950. The opposite parties admittedly, acquired right, title and interest from one Parul Bala Das, on the strength of a subsequent transfer effected. The opposite parties are thus the transferees of the suit property to the extent of their shares, as already held by Parul Bala Das. Parul Bala Das happens to be the sister of Sudhansu Mohan Das and Dinobandhu Das, the predecessors of petitioner/plaintiff.
3. Upon furnishing such inputs Mr. Mukherjee submits that after the trial court has
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
The duty of the court to consider the effect of previous court orders and the suppression of material facts by the parties.
An injunction in a partition suit is not maintainable without including all co-sharers who have transferred their shares.
Disposal of other questions.-- (1) Where there is a question as to property to be divided, or the mode of making a partition, Revenue Officer shall, after such inquiry as he deems necessary, record a....
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