Ajoy Mondal & Anr. Vs Sri Biswanath Mondal & Ors.
Bench: DIVISION BENCH
Acts Referenced
Judgement Snapshot
Case Number
1113 of 2016
Hon'ble Bench
Jyotirmay Bhattacharya, R. K. Bag
Advocates
Santanu Das, Ashim Kumar Roy
Acts Referred
- Code of Civil Procedure, 1908, Order 41Rule 11
Judgement Text
Translate:
1. This first Miscellaneous Appeal is directed against an order being No.10 dated 23rd August, 2016 passed by the learned Civil Judge (Senior Division) 2nd Court at Barasat - 24 Parganas (North) in Title Suit No. 1394 of 1015 at the instance of the defendant/appellant.
2. By the impugned order both the parties were directed to maintain status quo as regard nature, character and possession of the suit property till the disposal of the suit.
3. The interim order was passed in a suit for partition filed by the parties.
4. Having regard to the nature of the suit filed by the plaintiff and the order of temporary injunction passed in such a suit, we do not find any reason to admit this appeal for hearing under the provisions of Order 41 Rule 11 of the Code of Civil Procedure.
5. We, thus, decline to admit this appeal for hearing under the provisions of Order 41 Rule 11 of the Code of Civil Procedure. However, the learned Trial Judge is requested to expedite the disposal of the suit as early as possible without grating any unnecessary adjournment to any of the parties, preferably within one year from the date of communication of this order.
6. Urgent photostat certified copy of this order, if applied for, be given to the appearing parties on urgent basis.
