SHUVENDRA MULLICK Vs. INDRANIL MULLICK

JUDGEMENT

(1.) The prayer of appellant /plaintiff for discontinuation of the operation of the CCTV cameras installed inside the dwelling house with immediate effect made under Order XXXIX Rule 1 and 2 read with Sec. 151 of Code of Civil Procedure, 1908, in Title Suit No. 530 of 2024, was rejected by the Learned Judge, VIIIth Bench, City Civil Court on 4/4/2024. This order is impugned in this appeal.

(2.) Late Gora Chand Mallick, the father of appellant/plaintiff and respondent/ defendants had settled at the Mullick Bhaban, his double storied dwelling house, at 9/1/1A, Khelat Ghosh Lane, under Jorabagan Police Station, in a private trust for the enjoyment of his sons, by executing a trust deed, which was lying in the custody of respondents.

(3.) Primarily, the name of appellant was not inducted in the said trust deed. Later, his name was incorporated therein after modification and rectification of the earlier deed by devising three (03) registered deeds executed by Late Gora Chanda Mallick on 8/12/2004, with the intention to induct the name of the appellant as a co-trustee and to accredit his position in the trust. Accordingly,the north-eastern corner on the first floor and the south-western corner on the second floor of the undivided dwelling house i.e., Mallick Bhaban, were allocated to the appellant. Both, the appellant and the respondents have been residing peacefully in the respective portion allocated to them in the house as a co-trustee, since then. The appellant and his wife were living there while his son Souvanik Mallick was residing abroad in connection with his job.