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HIRANMAY BHATTACHARYYA
Md. Safiullah Ansari – Appellant
Versus
Iqbal Ansari – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. The defendants in a suit for partition has filed this application under Article 227 of the Constitution of India challenging an order being No. 16 dated 01.08.2023 passed by the learned Additional District Judge, Fast Track Court No. 1, Howrah in Misc. Appeal No. 63 of 2022 arising out of Title Suit No. 304 of 2021.
2. By the impugned order, the application under Order XXXIX Rule 7 of the Civil Procedure Code filed by the plaintiffs stood allowed. In the later part of the said order, the learned Judge of the Court below extended the interim order of injunction passed on 22.06.2022.
3. Mr. Bose, learned counsel appearing for the petitioner submits that a suit being Title Suit No. 347 of 2021 was filed by the present plaintiffs. On an application for temporary injunction, the learned trial Judge directed the parties to maintain status quo with regard to the joint possession in respect of the suit property and alienation of any part to any third party with the liberty to the parties to raise construction of a residential house without prejudice to the interest of the other co-sharers till disposal of the said suit.
4. One Kamal Ansari filed an appea
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 ....
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....
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
A co-owner cannot be permitted to continue with the construction over the undivided property without the consent and concurrence of the other co-owners.
The court established that in partition suits, a prima facie case and balance of convenience are essential for granting interim injunctions to prevent irreparable harm.
Point of Law : Grant of temporary injunction is not to be claimed by a party as a matter of right nor can be denied by a court arbitrarily rather, discretion in this regard is to be exercised by a co....
An order passed by the Court at any stage of the case has equal efficacy and cannot be violated.
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