Amal Basu Alias Amal Krishna Basu v. Milon Kumar Dey And ORS

25.04.2023 KC(8) F.M.A.T. 19 of 2023 Amal Basu @ Amal Krishna Basu -versusMilon Kumar Dey and Ors.

With CAN 1 of 2023 Mr. Gopal Chandra Ghosh, Mr. Rajkrishan Mondal..................For the appellant. Mr. Suddhadev Adak, Ms. Arpita Mondal Adak.............For the respondents. We are in a position to dispose of this appeal, dispensing with all formalities.

It is submitted that the injunction application under Order XLI Rule 1 and 2 of the Code of Civil Procedure is ready for hearing after filing of affidavits. We direct the learned court below to dispose of it along with the miscellaneous application under Order XLI Rule 2A of the Code pending before it as early as possible preferably within a period of three months from the date of communication of this order.

The interim orders passed by the learned court below on 31st March, 2021 and 23rd December, 2022, with the clarification that the respondents shall not make any new construction over the suit property and any construction made after the order dated 31st March, 2021 would abide by the result of the injunction application or the decree to be passed in the suit shall

continue. Subject to the above the respondents would be permitted to do floor and plastering work, make construction of stair case, erect windows and do wall painting work in the portion occupied by them in the suit premises subject to supervision of the learned court below through a Special Officer/Commissioner. All other points are kept open before the learned court.

The appeal (F.M.A.T. 19 of 2023) and the connected application (CAN 1 of 2023) are disposed of. (I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)