Form No. J(2)

In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Biswaroop Chowdhury FA 376 of 2025 IA No: CAN 2 of 2025 Smt. Amita Sabud and others Vs.

Soumen Sabud and others (Smt. Kanaklata Sabud, since deceased)

For the appellants : Mr. Sourojit Dasgupta, Mr. Tarasankar Samanta, Mr. Surajit Maity For the respondents : Mr. Sarbananda Sanyal, Ms. Poulami Chakraborty Heard on : 11.05.2026 Judgment on : 11.05.2026 Sabyasachi Bhattacharyya, J.:-

1. In view of the short point involved, the appeal and the application are taken up for hearing together.

2. The appeal arises out of a preliminary decree of partition. There is no dispute between the parties as to their respective shares, as granted by the learned Trial Judge in the impugned decree.

3. Learned counsel for the appellants contends that the learned Trial Judge refused to grant any decree of permanent injunction at the time of passing the preliminary decree, observing that no decree of permanent injunction can be granted against the other co-sharers of the suit land, that is, the defendants.

4. Learned counsel for the appellants furth