Smt. R. Vijay Laxmi v. Smt. R. Satyanarayanamma And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CO/24/2023 Smt. R. Vijay Laxmi

Versus

Smt. R.Satyanarayanamma and others Mr. Pradeep ... for the petitioner April 26, 2023 [AKB] Item No.3 The petitioner has filed the present civil revisional application being aggrieved and dissatisfied with the order passed by the learned Civil Judge Senior Division in Title Suit No. 35 of 2023 dated 17.04.2023 and the order passed by the learned appellate Court in Misc. Appeal No. 3 of 2023 dated 20.04.2023 wherein both the learned Court below have rejected the prayer for grant of ad interim temporary injunction.

The petitioner has filed the suit for partition with respect of the suit property which actually recorded in the name of the father and after the death of the father the suit property was mutated in the name of the wife of the deceased R. Dhan Raj instead of mutation in the joint name of all legal heirs. The learned Civil Judge, Senior Division while rejecting the prayer of ad interim has held that the plaintiff has not filed any document to show that the father was the owner of the property, but it is found from the record that the plaintiff has annexed the Record of Right issued by the Tehsildar wherein it is revealed that the land was recorded in the name of R. Dhan Raj and after the death of the father the land was only mutated in the name of the wife of the deceased instead of all the legal heirs.

Without going into the further merit of the case, this Court find that both the court failed to consider the document filed by the petitioner and as such the order passed by both the learned Court below are set aside and directed the parties to the suit to maintain status qua as on date and the parties are further restrain from making any construction over the suit property till the disposal of the appeal. The learned District Judge is directed to dispose of the appeal as early as possible within a period of one month after reopening of the court after summer vacation. Certified copy of the order passed by learned Civil Judge, Senior Division produced by the petitioner be kept with the record.

CO/24/2023 is disposed of.

(Krishna Rao, J.)