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S. C. PETITION
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ANNEXURE : A-29 : Page-188-189

Page-188

ANNEXURE : "A-29"

(Typed True copy of the original Document)

      1. In re: Milap Chand Choraria

Mr. S. N. Mukherjee,

Mr. Bidyut Banerjee,

Mr. Gouri Shankar Gupta. for the Petitioner.

Mr. S. P. Roychowdury,

Mr. Subhrakamal Mukherjee,

Mr. Debashis Roy for the Opposite Parties.

This revision is directed against the judgment and decree in Misc. Appeal No. 459 of 1988 by the Additional District Judge, 5th Court at Alipore.

The parties to the proceedings really are inviting me to dispose of the injunction application on merit. They are drawing my attention to the different allegations in the plaint and some documents. I am afftaid that this court cannot decide the dispute while the application for temporary injunction is pending disposal in the trial court. Mr. Mukherjee appearing for the petitioner submits that the properties alleged to have been sold away by the opposite parties to the petitioner have found place in the "C" schedule to the plaint which, according to the opposite party also have been sold to the petitioner. Mr. Roychowdury appearing for the opposite parties submits that the plaint may have to be amended for scrutinizing some plots in two different schedules. The petition for temporary injunction cannot possibly be disposed of unless the plaint is amended. The plaintiffs are granted leave to amend the plaint suitably to avoid duplication of the properties in different schedule within 7 days from the date of receipt of the copy of order by the Court below. The defendant will be at liberty to file written statement within four days from the date of amendment of the plaint, if so advised.

The plaintiffs will serve copy of the plaint to the defendant forthwith. The trial court will dispose of the petition for injunction within a fortnight from the date of filling of the written statement as directed above. The impugned order is set aside. But the parties will maintain status quo in respect of all the properties involved in the suit excepting 33 cottahs of land which, according to the plaintiffs, have been sold out to the defendant until disposal of the injunction petition by the trial court.

 

Page-189

ANNEXURE : "A-29"

The trial court will not get influenced by any observation by the court of appeal made in the Miss. Appeal.

Plain copy of this order duly counter signed by A. R. (Court) or A.C.O. be delivered to the parties.

The court of appeal is permitted to act upon the signed copy of the order of this court.

Let a copy of this order go down to the court of appeal also forthwith by a special messenger at the cost of opposite parties.

Sd/- Amulya Kumar Nandi, J.

Sd/-

Assistant Registrar (Court)

High Court, Calcutta

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