Arun Kumar Agarwal v. Devanand Yadav Alias Nepali Yadav
Case brief
What is this about?
C.O. 3195 of 2024; High Court at Calcutta; Civil Revisional Jurisdiction; Article 227 Constitution of India; Arun Kumar Agarwal petitioner; Devanand Yadav @ Nepali Yadav opposite party; plaintiff defendant brothers; eviction suit schedule-B property; Title Suit No. 16448 of 2014; 6th Court Civil Judge Junior Division Howrah; Misc. Appeal No. 1213 of 2014; Additional District Judge Fast Track Court III Howrah; order impugned March 19, 2024; ad-interim injunction; status quo; nature and character; schedule-A property; counter claim; separate water and electricity connection; repair work structure; expedite disposal of suit; Trial Judge not influenced by appeal court observations; injunction application disposed of; no order as to costs; Biswajit Basu J.; 17.09.2024; Tanmoy Mukherjee; S. Mukhopadhyay.
What did the court decide?
C.O. 3195 of 2024 disposed of with the above terms without any order as to costs: injunction (status quo as to nature and character of entire suit schedule-'A' property, including schedule-'B') continued till disposal of the suit as agreed by the parties; disposal of the suit expedited; injunction does not prevent defendant's applications for separate water/electric connections and Trial-Judge-approved repair work on schedule-'B' structure, such applications to be decided by the learned Trial Judge in accordance with law after giving the plaintiff opportunity to contest; Trial Judge not to be influenced by the appeal court's observations in the order impugned; injunction application pending before the learned Trial Judge treated as disposed of.