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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Rajeev Swaika – Appellant
Versus
Suneel Swaika – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. The certified copy of the impugned order, filed today in court, be kept on record.
2. In view of arguable questions of fact and law being involved, the appeal is admitted, to be heard on the grounds taken in the Memorandum of Appeal.
3. On consent of both parties, since the issues involved in the injunction application and the appeal are virtually the same, the appeal itself is taken up for hearing along with the application.
4. The genesis of the dispute is a property belonging to a Hindu Undivided Family (HUF) by the name of Ramdas Mahadeo Parsad HUF.
5. Disputes having arisen between the parties at a juncture when one Bijoy Swaika was the Karta of the HUF, an arbitral proceeding was initiated, which culminated in an award dated September 9, 2010.
6. In terms of the award, the total property belonging to the HUF was sub-divided into several schedules.
7. Whereas other schedules were allocated individually to the coparceners/their HUFs, the fourth schedule remained a joint property.
8. To give further effect to the award, a deed of family arrangement was entered into subsequently between all concerned in the month of September, 2010.
9. By dint of
A coparcener cannot seek a temporary injunction against another coparcener regarding joint family property, as they have adequate legal remedies available to claim their share.
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.
The main legal point established in the judgment is the need to prove the nucleus with which property could be acquired under Hindu Law, the application of the principle of lis pendens, and the discr....
Injunction – Court in exercise of power of granting ad interim injunction has to preserve subject matter of suit by status quo for the time being – If any alienation is made, it would be subject to d....
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....
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