Smt Krishna Samanta v. Surajit Samanta

23.09.2020 S/L No.45 Court No.8 (gc) FMAT 327 of 2020 With CAN 1 of 2020 (Old No. CAN 5892 of 2020) With CAN 2 of 2020 (Old No. CAN 5893 of 2020) Smt. Krishna Samanta Vs.

Sri Surajit Samanta (Via Video Conference) Mr. Prasenjit Debnath ...for the Appellant.

The appellant undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

Accordingly, the application being CAN 5893 of 2020 is allowed.

In spite of service, the respondent is not represented. We have heard the learned Counsel for the petitioner. On the facts and circumstances of the case, we feel that the learned Trial Judge was justified in passing an order of injunction to maintain status quo in respect of the suit property. We have been informed that the said interim order has been continued after 4th February, 2020. On going through the record, we feel that it is the matter, which can be referred to mediation as the dispute is between the son

and the mother. We, accordingly, request the learned District Judge, Howrah to explore the possibility of referring the parties to mediation in order to resolve their dispute. This order shall immediately be communicated to the learned District Judge, Howrah to do the needful. However, the order of status quo shall continue till the conclusion of the mediation proceeding or until further order whichever is earlier. The learned District Judge shall keep the matter pending till the mediation is not concluded. F.M.A.T 327 of 2020 with CAN 1 of 2020 are disposed of.

(Soumen Sen, J.) (Saugata Bhattacharyya, J.)