Calcutta High Court (Appellete Side)
M vs Ct Sri Bimal Kumar Maiti & Ors on 23 September, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
14 23.09. C.O. 3016 of 2022 RKB 2022 / AG Smt. Manasi Roy M Vs Ct Sri Bimal Kumar Maiti & Ors 07 Mr. Tanmoy Mukherjee, Mr. Souvik Das, Mr. K. R. Ahmed, Mr. Rudranil Das, ... For the petitioner.
The order impugned dated 17 th August, 2022 passed by learned Civil Judge (Junior Division), 2 nd Additional Court, Contai in Judicial Misc. (Pre-emption) Case No. 29 of 2019 declining to grant injunction is under challenge in this case.
Mr. Tanmoy Mukherjee, learned advocate appearing for the petitioner, taking recourse to the provisions available under Section 22 of the Hindu Succession Act, 1956, submits that the Court below has failed to consider the share, the petitioner inherited from her deceased father, which put the petitioner to the status of Class I heir of her deceased father.
By reason of the gift deed executed by the mother of the petitioner in favour of the opposite party No. 1, the opposite party becomes owner to the extent of 2/3 rd share.
It is thus submitted by Mr. Mukherjee that while transferring share by opposite party No. 1 to a stranger, the petitioner has a preferential right to be exercised in 2 application of Section 22 of Indian Succession Act, which the Court below has failed to appreciate, while rejecting the prayer for injunction.
An arguable point thus raised needs to be addressed touching upon the merits of the case.
In the meantime, let there be an order directing opposite parties not to create any third party interest in respect of the properties, mentioned in the schedule to the pre-emption application, till the end of November 2022 or until further order, whichever is earlier.
Petitioner is directed to serve the copy of the application upon the opposite parties and their learned advocate appearing in the Court below, by speed post with A/D, and furnish affidavit of service on the next returnable date.
Liberty to mention after Puja vacation of this Court.
(Subhasis Dasgupta, J)