ANANNYA CHOWDHURY Vs. GOURI SIRKAR

JUDGEMENT

(1.) INSTEAD of dealing with the application for stay with consent of learned Counsel for the parties we propose to hear out the appeal itself by treating it as on Day's List.

(2.) IN a suit for partition and administration of the estate of late Manmotha Bhushan Sirkar, the leasehold right of a shop room on the eastern side of the ground floor in present municipal premises No.124/1, Bepin Behari Ganguly Street, (originally known as Boubazar Street), Kolkata-700012 forms one of the assets. During the pendency of the partition suit, a receiver came to be appointed by the Court and the said shop room was under the possession of the receiver.

(3.) IN March, 2010 one Smt Bijoli Basu, the defendant no.5(b) in the instant suit, filed an application being G.A. No.1042 of 2010 complaining, inter alia, that she had noticed a poster put up on the outside wall on the said shop room by one Senco Gold Limited (for short Senco Gold) and she also brought to the notice of the Court that the subject shop room was then being dealt with and/or encumbered in wilful and deliberate contravention of the subsisting orders of injunction passed by the Court and the valuable rights of the estate over and in respect of the said shop room was being surreptitiously and illegally jeopardized.