SUSMITA BHOWMIK Vs. RENUKA CHANDRA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India wherein the Order No. 57 dated 25 -02 -2013 as passed by the Xth Bench, City Civil Court at Calcutta, in Money Suit No. 45 of 2004 has been assailed before this Court.

(2.) The present petitioner before this Court is the sister -in -law (Nanad) of Renuka Chandra, i.e. the plaintiff/opposite party. One deed of trust was made by one Chooni Lal Chunder, the predecessor in interest of the parties, as back as on 14 -12 -1940. After the death of that Chooni, his son, Jatindra, cancelled that trust deed as per deed of revocation dated 10 -08 -1969. Whether the revocation was permissible or not, is the subject matter of C.S. No. 320 of 2003 now pending before the Original Side of this Court wherein both the petitioner and the defendants are parties. One order of injunction was passed by the Single Bench of this Court and thereafter, it was modified by the order of the Division Bench dated 31 -08 -2006 vide APO No. 208 of 2004.

(3.) There is reflection in the order dated 31 -08 -2006 that learned Advocate appearing on behalf of the present plaintiff/appellant made a submission before that Court that the trust was also created for the benefit of the plaintiff/opposite party and that some provisions be made for her maintenance.