Sujata Chakraborty And ANR. v. Maya Chakraborty And ANR.

19.05.2023 KC(6&7) F.M.A.T. 158 of 2023 Sujata Chakraborty and Anr.

-versusMaya Chakraborty and Anr.

With CAN 1 of 2023 With F.M.A.T. 159 of 2023 Sujata Chakraborty and Anr.

-versusMaya Chakraborty and Anr.

With CAN 1 of 2023 Mr. Chayan Gup[ta, Mr. Sayantan Chatterjee, Mr. Sumit Biswas, Mr. Rajarshee Bhowmick.............For the appellants. Mr. Hareram Singh, Ms. Shilpa Das.......................For the respondents. Dispensing with all formalities we take up these appeals along with the connected applications. As far as the order of the learned court below in the application of the appellants/plaintiffs for appointment of a receiver under Order 40 Rule 1 of the Civil Procedure Code, we see no reason to interfere with it. The learned judge may consider the question on the returnable date in the presence of the respondents/ defendants.

With regard to the other part of the order refusing grant of an injunction restraining the respondents/ defendants from transferring the suit property we are of the view that the subject matter of the suit is declaration of the share of the parties together with rival claims for

possession of parts of the property. If during pendency of the suit one party transfers his share the adjudication of the suit might become more difficult than it is now.

In those circumstances, we direct that the respondents shall not transfer any part of the property described in schedule 'A' of the plaint in favour of any third party without obtaining the express leave of the learned court below.

The impugned judgment and order dated 28th March, 2023 is superseded by this order. The hearing of the application may continue. All points are kept open before the learned court below.

The appeals and the connected applications are disposed of.

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