West Bengal

Howrah

MA/19/2024

SMT. ANJALI DAS - Complainant(s)

Versus

M/s. Silver Home Realty - Opp.Party(s)

Sambhunath Pal, Priyanka Mondal

29 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/19/2024
( Date of Filing : 23 Feb 2024 )
In
Complaint Case No. CC/25/2024
 
1. SMT. ANJALI DAS
W/o. Benoy Kumar Das 15/8, Danesh Sheikh Lane, and 38/5, South Buxrah, 1st Bye Lane, both P.O. D.S.Lane, P.S.- A.J.C.Bose B.Garden, Howrah-711109
...........Appellant(s)
Versus
1. M/s. Silver Home Realty
A patnership firm, represented by partners- a)SK. Sarfarazuddin and b)Sri Debjit Roy 34/4, Danesh Seikh Lane, P.O. D.S.Lane & P.S.A.J.C. Bose B.Garden, Howrah-711109
2. Smt. Doyel Karmakar
W/o. Late Sailen Karmakar 38/5, South Buxrah, 1stBye Lane, P.O.D.S.Lane, P.S.- A.J.C.Bose, B.Garden, Howrah-711109
3. Sri Saroj Karmakar
S/o. Late Anil Karmakar 38/5, South Buxrah, 1stBye Lane, P.O.D.S.Lane, P.S.- A.J.C.Bose, B.Garden, Howrah-711109
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 29 Aug 2024
Final Order / Judgement

Order No:  8                                                                                       Date:29/08/2024

Today is fixed for hearing of this M.A. case. W/O has been filed by O.p. This M.A. case has been filed by the complainant of the above note4d C.C. case for getting an order of ad-interim injunction. This matter has been contested by O.ps by filing W/O.

Heard Ld. Advocates of both sides. Considered submission.

Perused the injunction application and it’s W/O.

After going through the materials of the case record and also after making careful scrutiny of the case record of C.C. case No.25/2024 this District Commission finds that the question involved in the injunction matter in respect of allotment of the balance 25% share in the 4th floor by the O.p. no.1 in favour of the complainant is related with the trial of the above noted C.C. case.

Until and unless the trial of the above noted C.C. case is not completed the question involved in the M,.A. case cannot be decided. In view of such position, it would be just and proper to pass an order of ad-interim order of injunction and for that reason the parties of this case shall not suffer any loss and injury.

So, the complainant and O.ps. are directed to maintain an order of ad-interim order injunction in respect of nature, character, right, title, interest and possession over the suit property which is existing even today till the disposal of the above noted complaint case no.25/2024.

In the light of the observation made above this M.A. case is disposed of.

Let this case record be tagged with case record of C.C. case No.25/2024.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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