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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Shoumik De – Appellant
Versus
Utsav Dey – Respondent
Judgment :
Biswaroop Chowdhury, J.
1.The petitioner before this Court is a plaintiff in a suit for partition declaration and injunction and is aggrieved by the order dated 03/10/2024 passed by Learned Additional District Judge 2nd Court Sealdah South 24 Parganas in Misc Appeal 61 of 2024 whereby Learned Judge refused to allow the prayer for ad-interim injunction.
2. The case of the petitioner/plaintiff before the Learned Trial Court may be summed up thus:-
3. The petitioner/plaintiff and the defendants are the joint Shebaits of the schedule ‘A’ and Schedule ‘B’ property though the opposite parties/defendants are not staying within the State of West Bengal as it appears from the address of the opposite parties. The defendants have not been performing the Shebaitshp rights rather the plaintiff is continuing to perform his sebaiti rights inherited from the predecessor. However for the difficulties of such joint enjoyment of Seva Puja and the Sebaitship Rights thereby the Petitioner/appellant/plaintiff on several occasion requested to settle the matter but the opposite parties/respondents deliberately and intentionally avoided for such solution thereby the petitioner sent a notice on 05-08
A coparcener cannot seek a temporary injunction against another coparcener regarding joint family property, as they have adequate legal remedies available to claim their share.
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
The court established that in partition suits, a prima facie case and balance of convenience are essential for granting interim injunctions to prevent irreparable harm.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
The court upheld the grant of a temporary injunction, emphasizing the necessity of establishing a prima facie case, balance of convenience, and irreparable injury in property disputes.
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
The importance of clear averments in interlocutory applications and the consideration of factors such as prima facie case, balance of convenience, and irreparable loss while granting temporary injunc....
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