Sk. Riyajul v. Sk. Jiyabul
Case brief
What is this about?
The court disposed of an appeal and connected application, directing the continuance of an interim order restraining the respondent from transferring or encumbering the property until further orders or disposal by the lower court.
What did the court decide?
Continuation of the interim order dated 20th December 2022 restraining the respondent from transferring or encumbering the property.
What the court decided
A compact analysis
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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
2
court below or until further order passed by that court, whichever is earlier. All points are kept open before the learned judge.
Issues for consideration
1 issue framed by the court
Whether the prior interim order restraining alienation of the property should be continued pending disposal of the application before the lower court.
Parties & counsel
- appellant
Sk. Riyajul
- respondent
Sk. Jiyaul
Coram
I.P. Mukerji
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · January
- Registered
- Case no.
- FMAT/469/2022
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