Ajit Kumar Halder VS Sujit Halder

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HARISH TANDON, KAUSIK CHANDA
Ajit Kumar Halder – Appellant
Versus
Sujit Halder – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Ms. Priyanka Mandal, Advocate
For the Respondent No.1:Mr. Dhananjay Banerjee, Advocate

JUDGMENT

This appeal arises from an order No.16 dated 30th November, 2019 passed by the learned Civil Judge (Senior Division), 1st Court, Barasat in Title Suit No.13898 of 2014 whereby and whereunder an application for injunction restraining the defendants from disturbing the peaceful possession of the plaintiff/appellant in respect of a bed room and the other portion of the property is dismissed.

2. Admittedly, the plaintiff/appellant filed a suit for partition and separation of shares. It is pleaded in the plaint that the plaintiff has undivided 1/6th share in respect of the properties described in the schedule appended to the plaint and despite having request to amicable partition the property, the defendants flatly refused to such request which constrained the plaintiff/appellant to file the said suit.

3. An application for injunction has been taken out by the plaintiff/appellant alleging that the defendants are trying to snatch away the plaintiff’s/appellant’s bed room and the joint possession in respect of one storied pucca house in denying the ingress and egress therefrom. The plaintiff/appellant, therefore, prayed for an injunction against the defendants from disturbing the

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