Sanjib Sadhukhan v. Mrinal Kanti Ghosh And ORS

28.09.2022 KC(13) F.M.A.T. 331 of 2022 Sanjib Sadhukhan -versusMrinal Kanti Ghosh and Ors.

With CAN 1 of 2022 Mr. Debrup Bhattacharjee...........For the appellant. Mr. Asok Kumar Ganguly............For the respondent no. 1.

We admit this appeal. It is possible to dispose of it, as we propose to do now, after dispensing with all formalities.

Learned court below may be requested to hear out the injunction application as early as possible. We record that in another suit (Title Suit No. 703 of 2022 : Mrinal Kanti Ghosh -vs- Somnath Sadhukhan and Ors.), concerning the same property where the respondent no. 1 is the plaintiff, the learned Civil Judge (Junior Division) at Barasat on 21st July, 2022 passed an order restraining the appellant from interfering with his possession.

We think that the interest of justice would be served if in this suit a similar order is passed restraining the respondent from disturbing the possession of the appellant/plaintiff. We order accordingly.

We also record the statement made by learned counsel for the respondent that his client has got no intention at the moment to transfer the property. The appeal (F.M.A.T. 331 of 2022) and the connected application (CAN 1 of 2022) are disposed of. (I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)