MANDIRA SEN Vs. ILONA SEN

JUDGEMENT

(1.) It appears from record that no Caveat has been lodged as against the impugned order under appeal as noted by the Registry.

(2.) The Registry has pointed out certain defects in the appeal, the learned advocate for the appellant/plaintiff undertakes to cure the same by November 18, 2020. This appeal is arising from the impugned ad interim order No.2 dated October 13, 2020 passed by the learned Civil Judge (Senior Division), 9th Court, Alipore, South 24- Parganas whereby the learned Trial Court was pleased to refuse to grant an ad interim order of injunction as prayed for by the plaintiff in a partition suit being Title Suit No. 561 of 2020.

(3.) The appellant before this Court is the plaintiff in the said partition suit pending before the learned Trial Court where her principal prayer is for partition of her ancestral immovable property situated at 21/A, Aswini Dutta Road, Calcutta-700 029. The appellant/plaintiff states that she is in occupation and possession of the ground floor of the said property. Her mother was living on the first floor of the same and after the demise of her mother some of the co-sharers had put on padlocks on the first floor where the mother of the plaintiff was staying. It is contended that the co-sharers are continuously threatening the appellant/plaintiff and the appellant/plaintiff apprehends that she might be dispossessed and thrown out from the ground floor of the premises where she is staying.