w w w . L a w y e r S e r v i c e s . i n



Athar Alam Ansari v/s Walayet Ali Roomi Ansari & Another


Company & Directors' Information:- ALAM & CO LTD [Strike Off] CIN = U60210WB1946PLC014227

    FMAT No. 749 of 2015 with CAN 6864 of 2015

    Decided On, 11 January 2016

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE JYOTIRMAY BHATTACHARYA & THE HONOURABLE MR. JUSTICE SHIB SADHAN SADHU

    For the Applicant: Aniruddha Chatterjee, Sananda Ganguli, Advocates. For the Respondents: Anurag Mehta, Advocate.



Judgment Text

Jyotirmay Bhattacharya, J.

1. This first miscellaneous appeal which is directed against an order being No. 2 dated 6th July, 2015 passed by the learned Judge-In-Charge, 7th Bench, City Civil Court at Calcutta in Title Suit No. 890 of 2015 was admitted for hearing under the provision of Order 41, Rule 11 of the Code of Civil Procedure on 3rd August, 2015.

2. After the appeal was admitted for hearing, on an application for injunction filed by the appellant, the appellant was directed to serve copy of the application for injunction upon the respondents.

3. Pursuant to such direction, service was effected upon the respondents. The respondents have appeared before this Court through their learned advocate at the time when the said application for injunction is taken up for hearing.

4. We are requested by the learned advocates of both the parties to dispose of the appeal itself by treating the same as on the day’s list.

5. We are informed by the learned advocates appearing for the parties that all necessary papers which are required for disposal of this appeal, are annexed to the injunction application and as such on the prayer of the learned advocates of the parties, we have decided to hear this appeal by dispensing with the requirement of filing paper books in this appeal.

6. Let us now consider the merit of the instant appeal in the facts of the instant case.

7. Plaintiff’s prayer for grant of ad interim order of injunction was rejected by the learned Trial Judge. The instant appeal is directed against the said order passed by the learned Trial Judge.

8. Let us now consider as to how far the learned Trial Judge was justified in rejecting the plaintiff’s prayer for ad interim injunction in the facts of the instant case.

9. Parties are closely related to each other. Plaintiff is the father of the defendant no.1. Defendant no.2 is the wife of the defendant no.1. Plaintiff filed the said suit for eviction against the defendants from the 'B' schedule property which is a part of 'A' schedule property. Plaintiff claims that he is a tenant in respect of 'A' schedule property. Admittedly the defendants are in possession of the 'B' schedule property consists of one room measuring about approximately 200 sq.ft. situated at the south-east side of premises No. 29/A, Rabindra Sarani, P.S. Hare Street, Kolkata. The tenancy of the plaintiff consists of the second floor measuring about 2000 sq.ft. situated at the second floor of the premises No. 29/A, Rabindra Sarani, P.S. Hare Street, Kolkata. The said flat consists of four bed rooms and one hall, one kitchen, two bath rooms and a big varandah.

10. Since the plaintiff has filed a suit for eviction of the defendants from the 'B' schedule property, it goes without saying that the defendants are in possession of the 'B' schedule property. Since the defendants are in possession of the 'B' schedule property, the plaintiff cannot forcefully evict them without due process of law.

11. Accordingly, we dispose of this appeal by restraining the defendants from disturbing the peaceful possession of the plaintiff in respect of the 'A' schedule property excluding the 'B' schedule property meaning thereby that the defendants will have no right to possess and/or interfere with the possession and/or create any disturbance in the peaceful possession of the plaintiff in respect of any portion of the 'A' schedule property excluding the portion described in the 'B' schedule property till the disposal of the plaintiff’s application for temporary injunction.

12. Leave is granted to the defendants to file affidavit-in-opposition to the plaintiff’s application for temporary injunction within two weeks from date; reply, if any, be filed by the plaintiff within a week thereafter.

13. The learned Trial Judge is requested to dispose of the plaintiff’s application for temporary injunction as early as possible, but preferably within eight weeks from the date of exchange of affidavits between the parties.

14. It is made clear that the time limit which is fixed above for filing of affidavits by the parties is peremptorily fixed by this Court.

15. It is also made clear that while disposing of this appeal, we have not considered the merit of the plaintiff’s application for temporary injunction. As such, the learned Trial Judge will be absolutely free to decide the plaintiff’s application for temporary injunction in accordance with law and as per his own wisdom with

Please Login To View The Full Judgment!

out being influenced by any of the observations made herein above. 16. The appeal is thus disposed of. Re: CAN 6864 of 2015 (Injunction) 17. In view of disposal of the appeal in the manner as aforesaid, no further order need be passed on the application for injunction. The said application being CAN 6864 of 2015 is thus deemed to be disposed of. 18. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
O R







Judgements of Similar Parties

15-06-2020 Nabi Alam @ Abbas Versus State (Govt of NCT of Delhi) High Court of Delhi
10-04-2020 Shadab Alam Versus State High Court of Delhi
06-03-2020 Sakuntala Devi Versus Dr. Md. Mumtaz Alam & Others National Consumer Disputes Redressal Commission NCDRC
04-03-2020 Mahey Alam Versus State High Court of Judicature at Allahabad
13-02-2020 Md Shafique Alam Versus State of Bihar High Court of Judicature at Patna
04-02-2020 Md. Mofazzular Rahman & Others Versus Md. Sarfaraz Alam & Others High Court of Judicature at Calcutta
18-01-2020 Mokhtar Alam @ Md Mokhtar Alam Versus State of Bihar High Court of Judicature at Patna
14-01-2020 S.M. Zaheer Alam Versus National Council for Teacher Education (NCTE) through its Chairperson, New Delhi & Others High Court of Judicature at Patna
08-01-2020 Parwez Alam @ Md Prawez Alam Versus State of Bihar High Court of Judicature at Patna
11-12-2019 Tanveer Alam Versus Dr. Mohammad Massod Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
13-11-2019 Saghira Bano Versus Mahmood Alam & Others High Court of Judicature at Calcutta
12-09-2019 Nizamuddin @ Saiyad Nizamuddin Versus Saiyad Shahnawaz Alam @ Laddan & Others High Court of Judicature at Patna
09-09-2019 Ghulam Yazdani & Another Versus Mumtaz Yarud Dowla Wakf, Malakpet, Hyderabad, rep. by its Hony. Secretary, Nawab Mahboob Alam Khan & Others High Court of for the State of Telangana
16-08-2019 M/s. Amritrashi Apartment Pvt. Ltd. Versus J.B. Rayees Alam & Others High Court of Judicature at Calcutta
01-08-2019 Md. Afroj Alam @ Md. Afaroj Alam @ Afroj Alam & Another Versus State of Bihar High Court of Judicature at Patna
18-07-2019 West Bengal State Electricity Distribution Co. Ltd. Versus Noor Alam Mollah & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Md. Sarfaraz @ Md. Sarfaraz Alam & Another Versus The State of West Bengal High Court of Judicature at Calcutta
30-05-2019 For the Petitioner: I. Alam, Advocate. For the Respondent: ------------- High Court of Gauhati
29-05-2019 A. Alam Pasha Versus Ravishankar High Court of Karnataka
26-04-2019 Md Noor Alam & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
09-04-2019 Parwez Khan @ Parwez Alam Versus State of Bihar High Court of Judicature at Patna
08-04-2019 Mofikul Alam Molla & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
29-01-2019 Jane Alam Molla & Another Versus State of West Bengal High Court of Judicature at Calcutta
24-01-2019 Sukla Chakraborty Versus Abed Alam & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2019 Safi @ Safik Alam, (CG) Versus State of Chhattisgarh High Court of Chhattisgarh
10-01-2019 Shafiuddin Versus Mashur Alam High Court of Judicature at Allahabad
03-01-2019 Md. Mahfooz @ Md. Mahfooz Alam Versus The State of Bihar High Court of Judicature at Patna
24-10-2018 Goudhul Alam Meera Maideen Pallivasal, Rep. Through its President Versus Mahaboob John & Another Before the Madurai Bench of Madras High Court
16-10-2018 Nisar Mehboob Alam Khan, Aurangabad Versus Joint Commissioner of Income-Tax, Nashik Income Tax Appellate Tribunal Pune
24-09-2018 Mohd. Alam & Another Versus State High Court of Delhi
20-09-2018 Parvez Alam Versus State of Uttarakhand & Others High Court of Uttarakhand
19-09-2018 Sk. Jahangir Alam Versus The Branch Manager, SBI Life Insurance Co. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
27-08-2018 Dr. Mahboob Alam I.P.S. (Retd.) Versus The Registrar, Central Administrative Tribunal (Madras Bench), Chennai & Others High Court of Judicature at Madras
27-08-2018 Md. Iftakar Alam & Others Versus The Kolkata Municipal Corporation & Others High Court of Judicature at Calcutta
24-08-2018 Md. Parvez Alam & Others Versus State of Bihar High Court of Judicature at Patna
23-08-2018 Royal Sundaram General Insurance Co. Ltd. Versus Imteyaz Alam National Consumer Disputes Redressal Commission NCDRC
31-07-2018 M/s. Gahana Mahal Rep. by Amjad Alam Versus Sadaf Safique West Bengal State Consumer Disputes Redressal Commission Kolkata
27-07-2018 Beeru Alias Shah Alam Versus State of U.P. High Court of Judicature at Allahabad
24-07-2018 Md. Ibraj Alam, East Sikkim & Another Versus The State of Sikkim Through, The Public Prosecutor, High Court of Sikkim, East Sikkim High Court of Sikkim
12-07-2018 M/s. Shrachi Leathertex Pvt. Ltd. Versus Sk. Qumru Alam & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-07-2018 Noor Alam Khan Versus Hasina Bano Noor Alam & Another High Court of Judicature at Bombay
15-06-2018 Alhaj Dr. Md. Meraj Alam Versus Rehena Begum High Court of Gauhati
27-04-2018 Nafiz Alam Nurul Hudda Shaikh & Others Versus The State of Maharashtra High Court of Judicature at Bombay
03-04-2018 Jahir Alam Versus Ram Lakhan Prasad Vishwakarma & Others High Court of Jharkhand
22-12-2017 Sofia Hasan, USA, rep. by her GPA Zulfaquar Alam Versus Shaik Mansoor Ali In the High Court of Judicature at Hyderabad
21-09-2017 Mohd. Mahboob Ali @ Sheru @ Sheikh Alam Versus State of U.P. High Court of Judicature at Allahabad
25-08-2017 In Re : Md. Aftab Alam High Court of Judicature at Calcutta
08-08-2017 Fakhre Alam & Another Versus State of West Bengal & Others High Court of Judicature at Calcutta
17-07-2017 Amir Alam Versus State of Punjab High Court of Punjab and Haryana
14-07-2017 Mujibur Rehman Haji Israr Alam Siddiqui Versus M/s. K.T. Kubal & Co. High Court of Judicature at Bombay
15-06-2017 Mohd. Maqsood Alam & Others Versus State (NCT of Delhi) High Court of Delhi
04-05-2017 Elegant Carpet Alam Exports and Others V/S Authorized Officer, Bank of Baroda and Others. Debts Recovery Tribunal Allahabad
25-04-2017 Rajib Saha Versus Monjur Alam Mallick High Court of Judicature at Calcutta
18-04-2017 Jahir Alam @ Jahid @ Jabed Versus The State of West Bengal High Court of Judicature at Calcutta
11-04-2017 TCP Marketing & Research Private Limited Versus Khurshid Alam High Court of Judicature at Calcutta
03-04-2017 Roshan Aara Versus Jahir Alam High Court of Jharkhand
09-03-2017 Shahne Alam Versus M/s. I.K. Polymers Pvt. Ltd. High Court of Delhi
08-02-2017 Md. Feroz Alam Versus The State of Bihar & Others High Court of Judicature at Patna
31-01-2017 Mohd. Khursheed Alam Versus State of Uttar Pradesh High Court Of Judicature At Allahabad Lucknow Bench
02-01-2017 Dr.MD. Dilwar Alam Khan Versus State of Assam & Others High Court of Gauhati
22-12-2016 Syed Naqui Alam Versus State of Bihar High Court of Judicature at Patna
15-12-2016 Sayyed Alam & Others Versus State of Assam & Others High Court of Gauhati
15-12-2016 Khaleek Versus Naaz Alam High Court of Judicature at Allahabad
16-09-2016 Md. Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
26-08-2016 Sayed Moinuddin Versus Md. Mehaboob Alam & Others High Court of Karnataka Circuit Bench OF Kalaburagi
17-08-2016 Mansoor @ Mansoor Alam @ Mansoor Ali & Another Versus The State of Jharkhand High Court of Jharkhand
29-07-2016 Shah Alam Versus Union of India & Others High Court of Judicature at Allahabad
05-07-2016 Alam Chand Versus State of H.P. High Court of Himachal Pradesh
20-06-2016 Khorshed Alam Versus Oil & Natural Gas Corporation Limited. & Another High Court of Tripura
18-05-2016 Md. Sawood Alam Versus The State of Bihar through the Secretary, Home Department, Government of Bihar, Patna & Others High Court of Judicature at Patna
08-04-2016 The State Govt of Nct of Delhi & Another Versus Tanjeer Alam @ Raja & Another High Court of Delhi
07-02-2016 Md. Shamsur Alam Versus Reliance General Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
07-01-2016 Md. Shamsur Alam Versus Reliance General Life Insurance Co. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
29-12-2015 Masarat Alam Bhat Versus State & Others High Court of Jammu and Kashmir
16-10-2015 Mohd. Amir Alam Versus The State of Bihar High Court of Judicature at Patna
13-10-2015 Nayab Alam Versus Tanveer Sultana High Court of Judicature at Allahabad
06-10-2015 Dr. Samiran Banerjee & Another Versus Syed Meraj Alam Jharkhand State Consumer Disputes Redressal Commission Ranchi
16-09-2015 Ram Alam & Others Versus D.D.C., Varanasi & Others High Court of Judicature at Allahabad
15-09-2015 Musheer Alam Versus Ramesh & Others High Court of Judicature at Allahabad
06-08-2015 Tabrez Alam Versus The State of Bihar High Court of Judicature at Patna
03-08-2015 Kamre Alam Versus Md. Nasir Ahmed Khan West Bengal State Consumer Disputes Redressal Commission Kolkata
22-07-2015 Fakhre Alam & Others Versus Amity Business School, Noida & Others National Consumer Disputes Redressal Commission NCDRC
17-06-2015 Md. Anwar Alam Khan Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
06-06-2015 Jahangir Alam Versus National Insurance Co. Ltd. Through Divisional Manager & Another Delhi State Consumer Disputes Redressal Commission New Delhi
04-05-2015 Mijanur Alam Versus The State of West Bengal & Others High Court of Judicature at Calcutta
29-04-2015 The Branch Manager, New India Assurance Company Limited. Versus Zafeer Alam & Another Jharkhand State Consumer Disputes Redressal Commission Ranchi
28-04-2015 Md. Naseem Alam Versus The State of Bihar through the District Collector & Others High Court of Judicature at Patna
24-04-2015 Shah Alam Versus State of Uttar Pradesh & Others High Court of Judicature at Allahabad
08-04-2015 Dr. Ambica Prasad Versus Md. Alam & Another Supreme Court of India
12-03-2015 Sk. Samsher Alam Versus Sri Prasanta Gyan & Another High Court of Judicature at Calcutta
05-02-2015 Pongathsi Sangtam Versus J. Alam, IAS & Others High Court of Gauhati
22-01-2015 Abdul Raqeeb Alam Versus The State of Bihar through the Principal Secretary & Others High Court of Judicature at Patna
04-12-2014 Sk. Rabiul Alam Versus Dinesh Kumar Goyal & Another High Court of Judicature at Calcutta
17-11-2014 Aaftab Alam Versus Union of India & Another Central Administrative Tribunal Principal Bench New Delhi
12-11-2014 Niyamatullah & Others Versus Badre Alam & Others High Court of Judicature at Allahabad
10-10-2014 M/s. K.T. Kubal & Company Versus Mujibur Rehman Haji Israr Alam Siddiqui High Court of Judicature at Bombay
17-09-2014 Mashkoor Alam Versus Amir Bano High Court of Judicature at Allahabad
15-09-2014 Md Anwar Alam Khan & Another Versus Zaibun Nisa & Others High Court of Judicature at Calcutta
08-09-2014 National Insurance Co. Ltd. Through General Manager & Another Versus Alam Ali National Consumer Disputes Redressal Commission NCDRC