Deepankar Chatterjee vs Deepanwita Mookherjee

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1639

HARISH TANDON, PRASENJIT BISWAS
Deepankar Chatterjee – Appellant
Versus
Deepanwita Mookherjee – Respondent

Advocates Appeared:
For the Appellant : Mr. Debjit Mukherjee, Mr. Kaustav Bhattacharya.
For the Respondents: Mr. Srikanta Dutta, Ms. Rituparna Sarkar Dutta, Mr. Arabinda Sen, Ms. Rita Ganguly.

Table of Content
1. outline of the appeal context. (Para 1)
2. review of trial court's findings on injunction. (Para 2 , 3 , 4)
3. counsel arguments on property rights. (Para 5 , 6)
4. legal principles regarding co-sharers' rights. (Para 7 , 8)
5. status of tenanted properties and possession. (Para 9 , 10)
6. encouragement for prompt resolution of the suit. (Para 11 , 12)
7. modification of injunction order details. (Para 13 , 14 , 15)
8. disposal of appeal and application. (Para 16)

JUDGMENT :

The instant appeal arises from an order dated 27th February, 2023 passed by the learned Civil Judge (Senior Division), 4th Court, Alipore, South 24-Parganas in Title Suit No. 574 of 2008; by which an application for temporary injunction filed by the plaintiff/respondent is allowed directing the parties to the suit to maintain status quo with regard to nature, character and possession of the properties described in the schedule appended to the plaint till the disposal of the suit.

2. At the very outset we must record that the manner in which the application for temporary injunction has been decided by the Trial Court is not in commensurate with the principles laid down in this regard. The order does no

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