Shyam Sundar Kedia v. Sandeep Kedia And ORS

6th February, (AK) F.M.A. 350 of 2024 IA No: CAN 1 of 2024 Shyam Sundar Kedia Vs.

Sandeep Kedia and others Mr. Supratim Dhar Ms. Munmun Tewary Mr. Gourav Sarkar ...for the appellant.

Mr. Debmalya Ghoshal Mr. Tanmoy Sett Ms. Sucheta Das ...for the respondent nos.1 to 3.

Mr. Debjit Mukherjee Ms. Susmita Chatterjee ...for the respondent no.55.

1.

Mr. Sarkar, appearing for the appellant, led by his senior Mr. Dhar, argues that the learned Trial Judge erred in law and in fact in passing an order of status quo, thereby restraining the defendants/appellants from changing the nature and character as well as possession of the property. 2.

However, we find from the impugned order that sufficient reasons have been attributed by the learned Trial Judge for granting status quo.

3.

Moreover, since the suit is one for partition and it is required that the nature and character of the properties ought to be maintained in statu quo

during pendency of the suit, we do not find any illegality in the impugned order.

4.

Accordingly, FMA 350 of 2024 is dismissed under Order XLI Rule 11 of the Code of Civil Procedure. Consequentially, CAN 1 of 2024 is also dismissed without any order as to costs.

5.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)