ANANDA GHOSH Vs. CHITTARANJAN GHOSH & ORS

JUDGEMENT

(1.) On an application for temporary injunction filed by the plaintiff/respondent no.1 in the suit for partition, the learned Trial Judge by an order being No.23 dated 7th July, 2012 directed the parties to maintain status quo in respect of nature, character and possession of the suit property till the disposal of the suit or until further order.

(2.) The said order was challenged by the appellant herein before this Court. The said appeal which was registered as FMA 78 of 2013 was disposed of by the other Division Bench of this Court on 20th June, 2013 without interfering with the order impugned in the said appeal. Subsequently, the appellant filed an application under Order 39 Rule 4 of the Code of Civil Procedure seeking permission to complete the incomplete construction which he has raised over a part of the suit property up to lintel level, after obtaining a building plan sanctioned by the Panchayat Authority.

(3.) The plaintiff/respondent no.1 contested the defendant's said application by contending that the said defendant/appellant has a nominal share in the suit property and as such, he should not be permitted to raise construction over an area in excess of his share.