14.01.2026 In the High Court at Calcutta Item no.DL 21 Civil Appellate Jurisdiction Court No. 16 Appellate Side Asraf, A.R.(Ct.)

Case No. FMA 8 of 2026 with CAN 1 of 2025 In the matter of :

ANISUR RAHAMAN (Minor)

represented by his mother and next friend Kariba Bibi …. Appellant VS.

HAFIZUR RAHMAN & ANR.

….Respondents For the Appellant :

Mr. Kaustav Banerjee Ms. Ria Kundu ….Advocates

1. The present appeal has been preferred against an order whereby the temporary injunction applications filed both by the plaintiff / respondent no.1 as well as the added defendant /

appellant were dismissed.

2. Learned counsel for the appellant submits that the partition suit, from which the present appeal arises, was instituted by the plaintiff against the original defendant. In the plaint, it was admitted that the original defendant was in occupation of the northern side of the suit property whereas the plaintiff of the southern side thereof, as per their understanding.

3. Immediately after institution of the suit, which was then beyond the knowledge of the present appellant, the sole defendant transferred his share of the property by demarcation in favour of the present appellant.

4. On the strength of such