Ajay Agarwal . v. Anil Agarwal And ORS

17.04.2023 KC(10) F.M.A.T. 143 of 2023 Ajay Agarwal @ Ajay Kumar Agarwal -versusAnil Agarwal and Ors.

With CAN 1 of 2023 With CAN 2 of 2023 Mr. Jayanta Banerjee, Mr. Amritlal Dhar, Mr. Brajesh Jha, Mr. Neel Chakraborty...................For the appellant. Mr. Nilanjan Bhattacharjee, Mr. Rishav Kumar Thakur, Mr. Abhilash Chatterjee.................For the respondents. We are in a position to dispose of the appeal and the applications today, dispensing with all formalities. Admittedly, the appellant/plaintiff is in possession of the suit premises. He is apprehensive that he may be dispossessed by the defendants pending hearing of the suit.

We find from the impugned order dated 16th February, 2023 that the interim application is fixed for hearing before the learned court below on 2nd June, 2023 after service.

We direct that this status quo be maintained till disposal of the interim application or until further order of the learned court below, whichever is earlier. The learned court below be requested by an application made by the appellant/plaintiff for

preponement of the returnable date of the interim application which the said court shall duly consider, so that the interim application is finally heard out and disposed of by 31st July, 2023.

The appeal (F.M.A.T. 143 of 2023) and the connected applications (CAN 1 of 2023 and CAN 2 of 2023) are disposed of.

(I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)