Calcutta High Court (Appellete Side)
Minati Konyar vs Joydeb Konyar & Ors on 27 November, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1 27.11.2019
srm C.O. No. 3897 of 2019 Minati Konyar Vs. Joydeb Konyar & Ors.
Mr. Debajyoti Basu, Mr. Rahul Sarkar, Ms. Reshmi Mukherjee ...for the Petitioner.
This is an application filed by the plaintiff in a suit for declaration that the deeds on the basis of which the defendants are claiming title were false and fabricated. The plaintiffs prayed for cancellation of the deeds and permanent injunction restraining the defendants from acting on the basis of the deeds. The plaintiffs prayed for ad interim injunction before the leaned Civil Judge (Junior Division), 1st Court at Katwa, Burdwan. The said ad interim injunction was refused on the ground that as the deeds on the basis of which the defendants were claiming title were executed deeds prior to execution of the deeds by virtue of which the plaintiffs had allegedly come into possession of the said land. On perusal of the documents the trial court held that the ad interim injunction could not be granted to the plaintiffs at that stage. The Court directed compliance of the Order XXXIX Rules 3(a) and 3(b) of the Code of Civil Procedure. Aggrieved the plaintiffs filed Misc. Appeal bearing No.11 of 2019 before the 2 learned Civil Judge (Senior Division), Katwa, Burdwan. The learned Lower Appellate Court considering the order of the learned Trial Judge accepted the view of the learned Judge and by order dated August 20, 2019 refused ad-interim injunction. However, the application for temporary injunction in the Misc. Appeal No.11 of 2019 filed by plaintiffs was kept for hearing on December 2, 2019. As the learned Lower Appellate Court was of the opinion that without the LCR and without hearing the other side, the injunction, as prayed for by the petitioner, could not be granted, no ad-interim order was passed. Aggrieved the plaintiffs have filed this application.
From the pleadings and documents immediate need for an ad-interim injunction cannot be assessed. I do not find any reason to interfere with the order impugned and pass an ad interim order at this stage when the learned Lower Appellate Court has fixed the hearing of the application for temporary injunction filed in the Misc. Appeal on December 2, 2019.
However, the learned Court of appeal below is requested to hear out the application for temporary injunction filed in connection with Misc. Appeal and pass necessary orders within a month on its own merits.
The observations made hereinabove are tentative in nature. The revisional application is, thus, disposed of. 3 There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for be given to the parties on priority basis.
(Shampa Sarkar, J.)