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CALCUTTA HIGH COURT
CHAITALI CHATTERJEE DAS, J
SHAH ALAM SK. & ANR. – Appellant
Versus
MD. AKBAR SK. & ANR. – Respondent
| Table of Content |
|---|
| 1. factual background of property ownership and disputes. (Para 1 , 2 , 3) |
| 2. court's observations on balance of interests and evidence. (Para 5 , 6 , 8 , 12) |
| 3. criteria for granting injunctions. (Para 10 , 11 , 14) |
| 4. final decision maintained appellate ruling. (Para 16) |
Last Heard on : 20.05.2025 Judgement on : 11.06.2025 CHAITALI CHATTERJEE DAS, J:-
1. This revisional application has been filed against the judgement passed in Misc. Appeal no. 28 of 2022 affirming the order passed by the Learned Civil Judge (Junior Division) 2nd Court, Kandi, Murshidabad dated 12th July, 2022.
2. A Title suit was filed by the plaintiffs for a decree of declaration claiming right title and interest over 16 annas share over the suit property along with an Order of temporary injunction restraining the defendants from disturbing their peaceful possession over the suit property. The plaintiff also filed an application under Order 39 Rule 1 and 2 read with Section 151 of the Civil Procedure Code, 1908 disputing the ownership of the principal defendants that is the petitioners herein having no right title over the suit property and they are trying to oust the plaintiff forcibly from the suit
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