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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Messers Dimpal Properties Pvt. Ltd. – Appellant
Versus
Ram Krishna Vivekananda Mission – Respondent
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1.The petitioner before this Court is the plaintiff in a suit for declaration and permanent injunction and is aggrieved by the Order dated 14th February 2023 passed by the Learned Additional District Judge 3rd Court Barrackpore in Miscellaneous Appeal No-5 of 2022 whereby the Learned Judge dismissed the appeal preferred by the petitioner/Appellant filed against the Order dated 23- 03-2021 passed by Learned Civil Judge (Senior Division) 3rd Court Barasat in T.S. no-1321 of 2015 whereby the Learned Trial Judge rejected the prayer for temporary injunction filed by the plaintiff.
2. The facts of the case in brief is that the plaintiff claimed that the original suit property and other non-suit properties originally owned by one Satya Charan Law. The aforesaid owner agreed to lease the ‘A’ schedule suit property in favour of the plaintiff. The lease deed could not be executed in due time and in the mean time the said owner created a trust on 01.04.1983 and appointed Amal Chandra Law and Chaya Law as joint trustees. A fresh approach was made to the new trustees for execution of the lease deed but instead an agreement to execute a lease was made along with w
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