NIBEDITA MUKHERJEE & ORS Vs. PRABIR MUKHERJEE

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order being No. 3 dated 16th September, 2015 passed by the learned Civil Judge (Senior Division) at Serampore, Hooghly in Title Suit Not 479 of 2015 at the instance of the defendants/appellants.

(2.) By the impugned order, ad interim injunction was passed against the defendants restraining them from changing the nature and character of the suit property. The Learned Trial Judge was of the prima facie view that the suit property is the joint property of the parties and the parties are co-sharers thereof and, no co-sharer can be permitted to change the nature and character of the suit property.

(3.) Holding as such, the Learned Trial Judge was pleased to pass an ad interim order of injunction restraining the defendants from changing the nature and character of the suit property.