MOLLA MAHMUDER RAHAMAN @ GOLAP Vs. KHONDAKAR MOMINUR RAHMAN AND OTHERS.
LAWS(CAL)-2016-3-215
HIGH COURT OF CALCUTTA
Decided on March 01,2016

Molla Mahmuder Rahaman @ Golap Appellant
VERSUS
Khondakar Mominur Rahman And Others. Respondents

JUDGEMENT

Soumen Sen, J. - (1.) This revisional application is directed against an order dated 30th November, 2015 passed by the learned Additional District Judge, First Court, Serampore in Miscellaneous Appeal No. 64 of 2015, by which an application for stay of the impugned order no. 19 dated 31st March, 2015 was rejected.
(2.) The petitioner preferred an appeal against an order of injunction passed by the Trial Court in the form of status quo in respect of the nature, character and possession of the suit property wherein the local inspection commission application was rejected.
(3.) The case of the appellants appear to be that they have been enjoying their demarcated portion of the suit property since 1913. They wanted to carry out certain renovation work of the old mud house, which was in a dilapidated condition. It was contended that in the event the order of status quo is survived then the defendants would be deprived of enjoying the property under their possession inasmuch as such construction could not in any way prejudice the rights of the plaintiffs.;


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