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Calcutta High CourtFMAT/469/2022disposed

Sk. Riyajul v. Sk. Jiyabul

2023-01-11Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Biswaroop Chowdhury2 pages

11.01.2023 KC(11) F.M.A.T. 469 of 2022 Sk. Riyajul -versusSk. Jiyaul With CAN 1 of 2022 Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Ms. Dipanwita Ganguly, Mr. Kaustav Bhattacharya.............For the appellant. An affidavit of service is on record. None appears for the respondent.

This is an appeal from a judgment and order of the learned court below refusing to pass an order of injunction restraining the respondent/defendant/seller from alienating the property.

On appeal on 20th December, 2022 we admitted it and directed the respondent/defendant "not to transfer, encumber or deal with the subject property till 10th January, 2023 or until further order, whichever is earlier".

Mr. Mukherjee, learned advocate for the appellant submits that the next date of hearing before the learned court below is 3rd February, 2023.

We dispose of this appeal directing continuance of our above interim order dated 20th December, 2022 till disposal of the interim application before the learned

court below or until further order passed by that court, whichever is earlier. All points are kept open before the learned judge.

The appeal (F.M.A.T. 469 of 2022) and the connected application (CAN 1 of 2022) are disposed of. (I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)