Swapan Kumar Khanra v. Kajal Bera And Others

03.08.2022 Sl.No. 52 Ct.No.3 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA 675 of 2022 Swapan Kumar Khanra VS Kajal Bera & Ors.

With CAN/1/20222 Mr. Udaynarayan Betal Mr. Mriganka Patra ...for the appellant/defendant Mr. Sanjib Dutta Mr. Manoj Kurmi ...for the respondent nos. 1 & 2 Re: CAN/1/2022 We have heard out the appeal itself today, dispensing with all formalities.

We do not find any infirmity in the impugned judgment and order of the learned court below restraining the appellant/defendant from making any construction on the subject property. This is so, because the ownership and possession of the co-sharer is joint. Before the shares are determined and a plan for partition prepared, the balance of convenience is in favour of not allowing any construction. The court can only consider allowing construction after the preliminary decree is passed declaring the shares of the parties.

In those circumstances, we dispose of this appeal (FMA 675 of 2022) by requesting the learned court below to proceed with the trial of the suit as expeditiously as possible, so that a preliminary decree can be made before 31st December, 2022.

After the preliminary decree is made it would be open to the appellant/defendant to approach the court by an application to allow him to make construction on a designated part of the property.

The connected application (CAN 1 of 2022) is also disposed of.

( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )