LAWS(CAL)-2016-3-131

RAJENDRA NATH GANGULY Vs. SARBANI GANGULY & ANR.

Decided On March 22, 2016
Rajendra Nath Ganguly Appellant
V/S
Sarbani Ganguly And Anr. Respondents

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order being No. 2 dated 9th Oct., 2015 passed by the learned Judge, City Civil Court at Calcutta in Title Suit No. 1503 of 2015 at the instance of the plaintiff/appellant.

(2.) By the impugned order, the temporary injunction, which was sought for by the plaintiff, was granted by the learned Trial Judge. The plaintiff was permitted to fix the gate by replacing the existing damaged gate within the western portion of the said holding in the light of the registered Will, left by the mother of the plaintiff. Simultaneously, the learned Trial Judge passed direction upon the plaintiff being the executor under the Will to make over possession of the eastern portion of the suit holding to the defendants by 19th Nov., 2015 positively. Both the parties were directed to act in terms of the registered deed of trust.

(3.) Being aggrieved by and dissatisfied with that part of the interim order by which the plaintiff was directed to make over possession of the eastern portion of the suit holding to the defendants by 19th November, 2015, the plaintiff/appellant has filed the instant appeal.