Sk Saifuddin v. Sk Yamin and Ors.
Case brief
What is this about?
Appeals filed against orders making an ad-interim injunction absolute in a partition suit. The High Court set aside both impugned orders, noting the lower court failed to hear the appellant and did not address the balance of convenience regarding house habitability. The matter is remanded for fresh consideration after affording the appellant an opportunity to file written objections.
What did the court decide?
Impugned orders dated 28.06.2019 and 07.03.2020 set aside; matter remanded to lower court for fresh consideration after appellant files written objection within seven days.
What the court decided
22.11.2021 Ct. No.15 Sl. Nos.15 & 16 akd
F.M.A.T. 275 of 2021 [via video conference] CAN 1 of 2021 CAN 2 of 2021
[Sk. Saifuddin -Vs- Sk. Yamin & Ors.]
W I T H
F.M.A.T. 464 of 2021 [via video conference] CAN 1 of 2021
[Sk. Saifuddin -Vs- Sk. Yamin & Ors.]
Mr. Sourav Sen
… … for the appellant [in both the appeals]
Mr. Debanjan Banerjee
… … for the respondents [in both the appeals]
FMAT 275 of 2021 is directed against order dated 28th June, 2019 whereby the ad-interim order of injunction directing maintenance of status quo by the defendant no.1-appellant and plaintiff-respondent in respect of nature, character and possession of ‘B’ schedule property was made absolute till the disposal of the suit.
Issues for consideration
3 issues framed by the court
Whether to set aside the order making an ad-interim injunction absolute in a partition suit where the restrained party was absent during the hearing and construction on the property is almost complete
Whether the lower court adequately addressed the balance of convenience regarding the habitability of the suit property while the suit remains pending.
What directions should be issued to set aside the impugned orders and remand the matter for fresh consideration after affording the appellant an opportunity to file a written objection.
Parties & counsel
- appellant
Sk. Saifuddin
- respondent
Sk. Yamin
Coram
Bivas Pattanayak
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · November
- Registered
- Case no.
- FMAT/464/2021
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