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TMI Blog2021 (3) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... ion are taken up together at the admission stage and disposed of by this common order. The appeal is arising out of an order dated 22nd July, 2019 passed in a suit for partition in which the Trial Court has decided an application filed by the plaintiff/respondent No.1 under Order 39 Rule 1 and 2 of the Code of Civil Procedure for temporary injunction. Mr. Shyamal Chakraborty, learned Counsel app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis of which the appellants are now seeking to contend that the plaintiff has lost his right, could not have been before the learned Civil Judge. Although it is submitted by way of Firisti documents filed in March, 2019 that a certified copy of the said decree was filed, but there was nothing on record to show that there is a pleading in respect of what is now being contended before us. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch capacity. The deed in the name of the defendant No.1 marked as Exhibit 1 does not reveal any benami transaction. The plaintiff has not been able to prove that the A scheduled suit property was purchased in the name of the defendant no.1 by Jaladhar Mudi and the defendant No.1 is a trustee. Therefore on careful consideration of the oral and documentary evidence this Court finds that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nior Division), 2nd Court, Howrah to rehear the injunction application after taking into consideration the decree passed in Title Suit No.17 of 2011 and Title Suit No.2419 of 2014 without being influenced by our observation. The appellants shall be entitled to bring all necessary documents in support of their claim over 'A' Schedule Property by way of an affidavit filed within 10 days fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Judge in terms of our order, whichever is earlier. The learned Counsel for the appellant would communicate this order to the Trial Court as also upon the respondents in course of this week. With the aforesaid observation, the appeal being FMAT 956 of 2019 and the application for stay being CAN 1 of 2019 (Old No: CAN 10908 of 2019) stand disposed of. Urgent Photostat certified copy of this o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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