West Bengal

Howrah

MA/6/2024

DEEPCHAND SONKAR - Complainant(s)

Versus

Shahnaz Akhtri - Opp.Party(s)

Saurav Ghosh, Kalyan Ray

29 Feb 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/6/2024
( Date of Filing : 11 Jan 2024 )
In
Complaint Case No. CC/268/2023
 
1. DEEPCHAND SONKAR
S/o.Late Bajinath Sonkar 60, M.C. Ghosh Lane, P.S. & District- Howrah-711101
2. SARITA SONKAR
D/o.Late Baijnath Sonkar, 60, M.C. Ghosh Lane, P.S. & District- Howrah-711101
...........Appellant(s)
Versus
1. Shahnaz Akhtri
W/o. Rizwan Ahmed 15, Bashiruddin Munshi Lane, P.S. & District- Howrah-711101
2. Rizwan Ahmed
S/o.Late Md. Muslim 15, Bashiruddin Munshi Lane, P.S. & District- Howrah-711101
3. Junaid Raza
S/o. Abdur Rauf 92, Ganga Ram Bairagi Lane, P.S. & District-711101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 29 Feb 2024
Final Order / Judgement

Order No:03                                                                                                   Date:29 /02/2024

Today is fixed for hearing of the MA application which has been filed by the complainant / applicant side for getting an order of injunction.

This matter has been contested by the OPs by filing W/O.

Heard and considered submission of both sides.

Perused the injunction application   which is filed u/s 38 (8) of Consumer Protection Act, 2019.  Also examined the W/O filed by the OPs.

Seen the documents filed by the complainant side & OPs.

It is revealed from the case record that in this case an order of injunction in the form of maintaining status quo over the suit property has been passed in respect of right, title, interest, nature, character and possession of both parties.   From the case record of CC Case No. 268/2023 it appears that the CC Case is pending at this stage of filing evidence on affidavit by the complainant which indicates that the trial of this case has already been commenced.   In view of this position  both parties can be directed to maintain the order of status quo over the suit property in respect of its nature, character, right, title, interest and possession till the disposal of CC Case No. 268/2023.

So, the parties of this case are directed to maintain  the order of injunction in the form of status quo over the suit property in respect of its nature, character, possession, right, title and interest till the disposal of CC Case No. 268/2023.

In the light of the observation made above this MA Case No. 06/2024 is disposed of on contest.

Dictated & corrected by me.

 

President

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

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