CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, Uday Kumar, JJ
Taher Alam alias Taher Ali – Appellant
Versus
Aftab Alam – Respondent
| Table of Content |
|---|
| 1. decision to stay portions of the lower court's order until next hearing. (Para 12) |
1. The suit from which the present appeal arises has been filed by the plaintiff/respondent for eviction of the defendant/appellant, claiming that the defendant is a monthly tenant in respect of the suit premises.
2. In such suit, an application was filed praying for temporary and ad interim injunction restraining the defendant/appellant from going over and/or interfering with the suit property and/or raising any type of pucca construction or “not to lock and key” the suit property till disposal of the application.
3. Upon hearing the injunction application, the learned Trial Judge allowed the said application by restraining the defendant/appellant from going over and interfering with the suit land of the plaintiff or from alienating the suit property or from changing the nature and character of the same or from putting lock and key on the premises till disposal of the suit. The reasoning of the learned Trial Judge was absurd, to the effect that a civil suit, when it goes to trial, “takes time to arrive at a judicious conclusion” and till then the plaintiff suffers irreparable loss a
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.