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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA
Prafulla Kumar Jana – Appellant
Versus
Bholanath Jana – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The defendant in a partition suit has preferred the instant revisional application against the portion of an order whereby the application of the plaintiff/opposite party for making a pucca construction of a new building on the suit property was allowed. By the self-same order, the defendants/petitioners were permitted to repair their tin shed structure situated on the suit property. The challenge, obviously, has been thrown against the portion of the order whereby the plaintiff/opposite party was permitted to make the pucca building and not the other part of the order.
2. Learned counsel appearing for the petitioners places reliance on an order dated January 6, 2023 passed by the learned Trial Judge, whereby the parties were directed to maintain status quo in respect of the suit property so far as its nature, character, ownership and possession was concerned, till disposal of the suit. It is submitted that the impugned order, so far as it permits the construction of a pucca building on the suit property by the plaintiff, is clearly violative of the status quo order passed by the learned Trial judge himself.
3. That apart, the defendants/petit
The court upheld that in partition suits, a party's construction on disputed property contradicts status quo orders unless clear title and urgency are established.
Ex-parte ad-interim injunction must be confined to limits mentioned in injunction order itself.
Section 151 CPC cannot be invoked to alter a contested status quo order without proper challenge or application under the specific provisions of the Code.
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 ....
In partition suits, prior permissions and investments by a party can outweigh claims for injunctions, especially when shared property rights are involved.
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