Authority: Court (Judges Sabyasachi Bhattacharyya, J. & Md. Shabbar Rashidi, J.)
Order Date: 13 November 2026
Case Overview
- Parties: Plaintiff Indrani Banerjee vs. Defendant/Appellant Deb‑Rupayan Housing Company Limited and others; appellant is Defendant No.9 in the suit.
- Background: The dispute arises from Title Suit No.320 of 2025 concerning partition of a suit property. An ad interim order had imposed a status‑quo on the land.
- The appellant purchased a portion of the suit land from a co‑sharer, but the property had not been partitioned and the land boundaries were not definitively demarcated.
- The appellant filed an application under Order XXXIX Rule 4 of the Code of Civil Procedure seeking variation of the status‑quo injunction.
- The trial court rejected the application, observing that the appellant, as a co‑sharer, could not produce any document establishing a definite, demarcated portion sold to him, and that the land’s boundary was uncertain.
Final Outcome
- The appellate court dismissed FMA 874 of 2026 and CAN 1 of 2026, upholding the trial court’s refusal to vary the injunction, pursuant to Order XLI Rule 11 of the CPC.
- No order as to costs was made.
- Parties may obtain urgent photostat copies of the order upon compliance with all requisite formalities.
Topics: Civil Procedure; Property Partition; Injunction