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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Monoj Roy – Appellant
Versus
Premangshu Mondal – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. The instant civil Application has been filed challenging the impugned order dated 8th August 2023 passed by Additional District Judge, Baruipur in Misc. Appeal no. 22 of 2017. The petitioner/plaintiff filed a suit for partition with regard to his 1/36th share out of plot of land measuring an area of 89 decimal under R.S. dag no. 232 in Mouza Balia. By the order impugned learned court below set aside the order of injunction passed by the Trial Court and thereby allowed the aforesaid Misc. Appeal.
2. Fact of the case as pleaded by plaintiff/petitioner in the plaint is that one Kalicharan Mondal was the absolute owner of the aforesaid land measuring 85 decimal and he died intestate leaving behind his wife Haridasi Mondal and three sons namely Srikanta, Bechulal and Subodh and one daughter Amdo Bala. Further case of the plaintiff is that on 15.01.1978 a deed of partition was executed among the aforesaid legal heirs of late Kalicharan and by virtue of allotment Srikanta and Bechulal became the absolute joint owners of the said land measuring 89 decimal. It is further alleged in the plaint that said Bechulal and Srikanta never partitioned the suit pr
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
(1) Law permits a co-sharer to continue to remain, ad infinitum, in exclusive possession of a particular parcel and, subject to well recognised prohibitions, even make constructions on it. Exclusive ....
remedy of a co-owner not in possession, or not in possession of a share of the joint property, is by way of a suit for partition or for actual joint possession, but not for ejectment. Same is the cas....
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
In partition suits, absence of necessary parties is not fatal if no prior direction was given to join them, emphasizing the importance of pleadings in judicial processes.
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