Ramendra Kumar Roy v. Deb Kumar Dey and Ors.
Case brief
What is this about?
In FMA 180 of 2023, this Court set aside an interim order restricting construction. After a Single Bench ordered the removal of unauthorized construction, the appellants complied, and the Municipal Corporation withdrew the stop-work notice. With no objection from respondents, the Court held the interim order no longer necessary during the pendency of the suit.
What did the court decide?
Impugned order dated 8.2.2023 set aside; appeal and connected application disposed of.; No order as to costs.
What the court decided
13 06.10.2023 Ct. No. 11 rrc
FMA 180 of 2023 with IA No. CAN 1 of 2023
(Ramendra Kumar Roy Vs. Deb Kumar Dey & Ors.)
Mr. Tanmoy Mukherjee Mr. Amal Kumar Saha Mr. Iresh Paul ….. For the appellant
Mr. Raghunath Chakraborty Mr. Manojit Pal ….. For the respondent nos. 1, 3 & 4
Mr. Atis Kumar Biswas Mr. Sourav Chowdhury ….. For the KMC
Legality and propriety of the order vide No. 24 dated
8th February, 2023 have been called in question in this appeal.
San unnecessary details, the facts leading to filing this appeal are that one Deb Kumar Dey and three others instituted a suit for declaration, permanent injunction and also for mandatory injunction in the Court learned Judge, 3rd Bench, City Civil Court, Calcutta. Along with the plaint, an application under Order 39 Rules 1 & 2 read with Section 151 of the Code (hereafter referred to as the application) was preferred contending, inter alia, that the defendant nos. 6 and 7 therein who happen to be the owners of the premises no. 115, Netaji Subhas Chandra Bose Road, P.S. – Burrabazar, Kolkata – 700
Issues for consideration
2 issues framed by the court
Whether the interim injunction order restricting construction should continue after the appellants removed the unauthorized structure as per the Single Bench order.
Whether the subsequent compliance and withdrawal of stop-work notice by the Corporation necessitate the setting aside of the interim order.
Parties & counsel
- appellant
Deb Kumar Dey & Ors.
- respondent
Ramendra Kumar Roy
Coram
Partha Sarathi Chatterjee
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · October
- Registered
- Case no.
- FMA/180/2023
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