West Bengal

Hooghly

MA/92/2023

SRI KALYAN DAS - Complainant(s)

Versus

SRI SUKHENDU SAHA - Opp.Party(s)

SUROJIT GANGOPADHYAY

28 Oct 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/92/2023
( Date of Filing : 24 Nov 2023 )
In
Complaint Case No. CC/206/2023
 
1. SRI KALYAN DAS
86/1, NEW STATION RD., PO- BHADRAKALI, PS- UTTARPARA, PIN-712232
HOOGHLY
WEST BENGAL
...........Appellant(s)
Versus
1. SRI SUKHENDU SAHA
DEBAI PUKUR RD., PO- HINDMOTOR, PS- UTTARPARA, PIN-712233
HOOGHLY
WEST BENGAL
2. REKHA SAHA
DEBAI PUKUR RD., PO- HINDMOTOR, PS- UTTARPARA, PIN-712233
HOOGHLY
WEST BENGAL
3. ANADRI SAHA
DEBAI PUKUR RD., PO- HINDMOTOR, PS- UTTARPARA, PIN-712233
HOOGHLY
WEST BENGAL
4. NILADRI SAHA
DEBAI PUKUR RD., PO- HINDMOTOR, PS- UTTARPARA, PIN-712233
HOOGHLY
WEST BENGAL
5. HARADHAN SAHA
5, VIVEKANANDA PALLY, PO- HINDMOTOR,PS- UTTARPARA, PIN-712233
HOOGHLY
WEST BENGAL
6. MOLOY SADHUKHAN
2, BAIDIKPARA GHAT LANE, PO- HINDMOTOR, PS- UTTARPARA, PIN-712233
HOOGHLY
WEST BENGAL
7. THE CHAIRMAN, UTTARPARA KOTRANG MUNICIPALITY
PO AND PS- UTTARPARA, PIN-712258
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 28 Oct 2024
Final Order / Judgement

This case record is taken up for consideration in the matter of passing order in this MA case which has been filed by the complainant as applicant for granting an order of ad interim injunction.

This matter has been contested by OP-1 to 6 by filing written objection.

The argument highlighted by ld. advocates of both sides has been heard in full.  Considered submission.

Perused the MA application and the written objection.

After going through the material of this case record this District Commission finds that one ad interim order of injunction has been passed in this MA case vide order no.2 dt.29.11.2023.

On this background this District Commission after going through the material of CC-206/2023 finds that the said complaint case is lying at this stage of filing evidence on affidavit by the complainant which indicates that the said CC case is on the verge of starting trial.

In view of such position an order of injunction in the form of maintaining status quo in the matter of creating 3rd party interest and / or transferring the schedule mentioned property to 3rd party can be passed till the disposal of this case.

Considering this factor both parties are directed to maintain the order of injunction in the form of maintaining status quo over the schedule mentioned property in the matter of creating 3rd party interest or to realienate schedule mentioned property till the disposal of this case.

In the light of the observation made above this MA case is disposed of.   No order is passed as to cost.

Let the case record of this MA case be tagged with the case record of mother case being no.CC-206/2023.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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