Calcutta High Court (Appellete Side)
Syed Md. Akram Ali vs Syed Asrar Ali & Anr on 8 January, 2020
Author: Shampa Sarkar
Bench: Shampa Sarkar
1 08.01.2020
srm C.O. No. 4214 of 2019 Syed Md. Akram Ali Vs. Syed Asrar Ali & Anr.
Mr. Sukanta Das ...for the Petitioner.
An arguable case has been made out by the plaintiff in Title Suit No.1086 of 2017, that is, whether the learned Court of appeal below, that is, the learned Additional District Judge, 4th Court, Paschim Medinipur erred in dismissing the appeal being Misc. Appeal No.31 of 2018 by upholding the order dated April 19, 2018 passed by the learned Civil Judge (Senior Division), 2nd Court, Paschim Medinipur.
It appears that the petitioner has filed the Tile Suit No.1086 of 2017 for partition of the suit property and the defendants have been constructing on a portion of the suit property of which the plaintiff and the defendants are admittedly the co‐sharers. The plaintiff's prayer for injunction was refused by the learned Courts below. Thus, this revisional application.
It is submitted on behalf of the petitioner that refusal to grant an interim order will result in serious prejudice to the plaintiff and the 2 property may be transferred or alienated and the defendants may claim title over the constructed portion whereas in an undivided property each co‐sharer has right over every inch of the property.
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The learned Advocate‐on‐record for the petitioner is directed to serve a copy of this application along with a server copy of this order to the opposite parties by registered speed post with acknowledgement due and to file affidavit‐of‐service on the next date.
The matter has to be heard on contest.
(Shampa Sarkar, J.)