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2015 Supreme(Online)(Cal) 28

CALCUTTA HIGH COURT
Not Mentioned, J
Riyasat Ali Sk. v. Sk. Safiuddin Ahamed and Others


1. This first miscellaneous appeal is directed against an order being No. 4 dated 24th March, 2015 passed by the Learned Civil Judge, Senior Division, First Court, Paschim Medinipur in Title Suit No. 93 of 2015 at the instance of the plaintiff / appellant.

2. Though the appeal was not formally admitted for hearing under the provision of O.41 R.11 but notice was directed to be served upon the respondents and a date was fixed for hearing of this appeal. While entertaining this appeal, the interim order was passed by the other Division Bench of this Court on 8th April, 2015 directing the parties to maintain status quo as on that date with regard to the nature, character and possession of the 'B' schedule property mentioned in the plaint till 28th April, 2015. Subsequently, the said interim order was extended and that interim order continued till yesterday.

3. This appeal is listed today at the instance of the appellant for extension of interim order.

4. Let us now consider as to whether such interim order can be allowed to be continued in the facts of the present case.

5. Here is the case where we find that the plaintiff / appellant filed a suit for partition against the defendant nos




















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