D/L.5.

November 4, 2025.

.

MNS

FMAT No. 290 of 2025

+

CAN 2 of 2025

Smt Chaitali Dutta

Vs.

Smt. Ira Dutta and another

Mr. Debasish Chattopadhyay,

Mr. Tirthankar Basu,

Ms. Suman Biswas … for the appellant.

Mr. Nilanjan Adhikari,

Ms. Oindrila Sinha

…for the respondents.

1. The affidavit-of-service filed in Court today be kept

on record.

2. Heard learned counsel for the parties.

3. Since questions both of law and fact are involved in

the matter, we admit the appeal and take it up for

hearing.

4. The bone of contention in the appeal is that in a

suit, primarily for cancellation of a deed of gift executed by the plaintiff-respondent no. 1 in favour of the defendant-appellant, the plaintiff-respondent no. 1 sought injunction in respect of giving effect to the deed of gift and creating any third party interest.

5. By the impugned order, the learned trial Judge, at

the ad interim stage, restrained the defendant no. 1 appellant from “doing any unlawful act in respect of

the suit property” and from giving effect to the impugned deed of gift as well as from creating any third party interest in respect of the share or portion of the property mentioned in the deed of gift.

6. Upon hearing learned counsel for the parties