SISIR KUMAR CHANDRA Vs. MONORAMA CHANDRA

JUDGEMENT

(1.) Two brothers Sisir Kumar Chandra and Manick Lal Chandra have made this application for injunction restraining their step-mother Sm. Monorama Chandra from selling premises No. 21 Dr. Jagabandhu Lane Calcutta in execution of the decree dated September 7, 1946 passed by this court in Testamentary Suit No. 10 of 1948 (Shyamlal Malakar v. Sm. Monorama Chandra), The petitioners are praying that the order dated March 11, 1969 for sale of premises No. 21 Dr. Jagabandhu Lane, obtained by Sm. Monorama Chandra in execution of the decree dated September 7, 1948 be stayed pending the hearing of the suit

(2.) The suit in which this Interlocutory application has been made was filed by the petitioners on April 29, 1971 against Sm. Monorama Chandra and others, inter alia, for a declaration that the consent decree dated September 7, 1948 passed in Testamentary Suit No. 10 of 1946 by this Court is a nullity and not binding upon the petitioners and the same be set aside or cancelled, stay of execution of the decree, injunction receiver, costs such further or other reliefs.

(3.) In order to decide the question whether I shall in the exercise of my discretion grant temporary injunction, pending the hearing of this suit the circumstances under which this suit has been instituted and this application has been made have to be appreciated.