DEEPANKAR CHATTERJEE Vs. DEEPANWITA MOOKHERJEE

JUDGEMENT

(1.) The instant appeal arises from an order dtd. 27/2/2023 passed by the learned Civil Judge (Senior Division), 4th Court, Alipore, South 24-Parganas in Title Suit No. 574 of 2008; by which an application for temporary injunction filed by the plaintiff/respondent is allowed directing the parties to the suit to maintain status quo with regard to nature, character and possession of the properties described in the schedule appended to the plaint till the disposal of the suit.

(2.) At the very outset we must record that the manner in which the application for temporary injunction has been decided by the Trial Court is not in commensurate with the principles laid down in this regard. The order does not reveal the findings in relation to existence of prima facie case nor in relation to balance of convenience and inconvenience or irreparable loss and injury.

(3.) The Trial Court has proceeded simplicitor on the basis that every co-sharer in a joint property has the right, title and interest therein and, therefore, if a third party right is created, it would cause sufferance to the parties to the suit. Even if we consider that the aforesaid findings are relatable to balance of convenience and inconvenience and irreparable loss and injury, yet the ultimate order passed by the Trial Court does not appear to be in tune with the aforesaid findings.