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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 ..... wrah has granted status quo. We are not sure as to what materials were exactly made available to the learned Trial Judge at the time of disposal of the injunction application dated 22nd July, 2019. Accordingly, we direct the learned Civil Judge (Senior Division), 2nd Court, Howrah to rehear the injunction application after taking into consideration the decree passed 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 from date upon prior service to the respondents and the respondents shall be at liberty to file any rejoinder to the said affidavit within 10 days thereafter. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, there cannot be any doubt that if the decree dated 15th February, 2018 is taken into consideration, there is a clear finding that deed in the name of the defendant No.1 meaning thereby Smt. Durga Mudi, marked as Exhibit-1 belongs to the mother. The observation of the learned Trial Judge in this regard is relevant:- Nowhere from the statements made therein it is revealed that the A scheduled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of disposal of the injunction application dated 22nd July, 2019. Accordingly, we direct the learned Civil Judge (Senior 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 from date upon prior service to the respondents and the respondents shall be at liberty to file any rejoinder to the said affidavit within 10 days thereafter. We request the learned Civil Judge (Senior Divison), 2nd Court, Howrah ..... X X X X Extracts X X X X X X X X Extracts X X X X
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