KAVETA CHAUDHARY Vs. CHANCHAL KUMAR MUKHARJEE AND ORS.

JUDGEMENT

(1.) Having heard learned Counsel of the petitioner as well as learned Counsel of the contesting respondent No. 1/plaintiff Chanchal Kumar Mukharjee, it transpires that Original Suit No. 146/2015 was instituted by the plaintiff against the petitioner as well as two other co -owners, namely, Kapil Chaudhary and Smt. Kanchan Chaudhary, who are respectively the real brother and sister of the petitioner. The property is Inder Kutir Guest House, situated in Jwalapur, Haridwar and all these sisters and brother are the co -owners of the same. This property was leased in 2012 for a certain amount and such lease was renewable from year to year with a break of 15 days every time. The plaintiff uses such property as a guesthouse for pilgrims. It is also relevant to note that a partition suit is pending amongst all the brother and sisters, as have been named above, regarding the same property. As per the oral contention of learned Counsel of the plaintiff/respondent No. 1, instantly the lease is effective from 3.4.2015 to 17.3.2016, but feeling aggrieved with the disturbances in his possession, the plaintiff Chanchal Kumar Mukharjee instituted the suit as above.

(2.) Learned Trial Judge issued notices fixing 9.7.2015 for hearing the injunction application 7C2, apart from fixing 25.7.2015 for filing the written statement and 31.7.2015 for framing the issues.

(3.) Further an application 10C dated 29.5.2015 was moved on 30.5.2015 by the plaintiff Chanchal Kumar Mukharjee under Sec. 151 C.P.C. with the facts that Km. Kaveta Chaudhary has somehow got the information of launching this civil suit and this fact has aggravated her much. She has openly extended the threat to dispossess Chanchal Kumar Mukharjee in the forthcoming summer vacations when the Civil Courts remain closed. Since such vacations are within an ace of two days, so contemplating the imminent threat of dispossession, the learned Civil Judge entertained such application. Incidentally, Km. Kaveta Chaudhary also turned up before the Court to resist such application and due hearing was rendered to her Counsel.