Kajal Manna(Raja) & ORS v. Sajal Manna & ORS
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION 17.02.2023 FMA 1497 of 2014 With CAN 2 of 2015(Old No. CAN 10482 of 2015) With CAN 3 of 2015(Old No. CAN 10483 of 2015) Kajal Manna (Raja) and Ors.
Vs.
Sajal Manna & Ors.
Mr. Abhijit Roy Mr. Santu Nandy ............. For the Appellants. Mr. Ranjit Jaiswal Mr. Nandalal Pradhan Mr. Parthasarathi Chakraborty ... For the Respondents. Re: CAN 2 of 2015(Old No. CAN 10482 of 2015) CAN 3 of 2015(Old No. CAN 10483 of 2015) At the instance of the respondents this appeal was brought to our list as 'To Be Mentioned.' It was submitted on their behalf that the interim order of status quo with regard to the subject was continuing from 30th April, 2014 and that the appeal should be heard out, vacating the said order.
On perusal of the said order dated 30th April, 2014 passed by this court at the time of admission of the appeal we find that by it the respondents were restrained from creating any further third party interest and were S.D.
directed to maintain status quo in respect of the property. Almost nine years have passed. This order is still operative and complied with by the parties. On the facts and in the circumstances of the
case we do not find any infirmity in this order or any prejudice to be caused if it is further continued till the suit s disposed of by the learned court below. We are informed by the learned counsel that the suit is ready for hearing. Issues have been framed.
In that view of the matter, we dispose of this appeal by directing learned court below to dispose of the suit by 31st March, 2024.
The interim order dated 30th April, 2014 shall be treated as an interim order in that suit and shall continue till disposal of the suit or until further orders of the learned court below, whichever is earlier.
These applications (CAN 2 of 2015(Old No. CAN 10482 of 2015, CAN 3 of 2015(Old No. CAN 10483 of 2015) are also disposed of in terms of the above order.
(I.P. Mukerji, J.) (Biswaroop Chowdhury, J.)