ARIJIT BANERJEE, J. - (1.) This contempt application has been filed for alleged violation of an order dated 27 February, 2012 passed by a Division Bench of this Court in FMA 1253 of 2011. A Rule was issued on 18 January, 2017 and the proceeding was re-numbered as CRC No. 2 of 2017. The respondents have filed affidavits-in-opposition and the petitioner has filed his replies thereto.
(2.) The brief facts of the case are that the petitioner filed an application under section 276 of the Indian Succession Act, 1925 praying for Letters of Administration in respect of a Will executed by one Charubala Bose before the Learned District Delegate at Alipore. The said case was registered as Act 39 Case No. 312 of 2010 and is still pending. By an order dated 17 December, 2010, the Learned District Delegate at Alipore adjudged the same to be a contentious cause. Soon thereafter the petitioner filed an application under section 276 of the Indian Succession Act before the Learned District Judge, Alipore which was registered as Act 39 Case No. 378 of 2010 (L.A.)
(3.) The petitioner also moved an application under order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 read with section 268 of the Indian Succession Act, 1925 before the Learned Court below praying for an order of injunction to restrain the respondents from developing the schedule property which was the subject matter of the application for Letters of Administration. By an order dated 7 March, 2011 the Learned Court below directed maintenance of status quo in respect of the said property. Being aggrieved, the respondents preferred an appeal before this Court being FMAT 562 of 2011 and filed an application for stay being CAN 4985 of 2011. By an order dated 7 June, 2011 a Division Bench of this court set aside the Learned Trial Court's order dated 7 March, 2011 and sent the matter back to the Learned Court below for disposal of the injunction application within 31 July, 2011. The Division Bench also directed that status quo be maintained in respect of the said property.;