Extracted from the PDF above. The PDF is authoritative.
D/L- 16 02/09/2026 Ct. No.- 6 Aritra C.O. 2941 of 2026
Smt. Hamida Bibi Vs. Md. Alauddin & Ors.
Mr. Rittick Choudhury Mr. Ramij Munsi ….for the petitioner
The learned advocate appearing for the petitioner submits that the petitioner is taking steps to make construction on the suit property by demolishing the mud house. He further submits that the petitioner is not making any attempt to make construction on the joint property in excess of her share. This Court finds that the learned trial judge by an order dated September 23, 2025 passed an order instructing both parties to maintain status quo regarding the property till a specified time frame and the petitioner as well as the plaintiff were prohibited from making any further construction, transfers or changes in possession until the next date. By an order dated May 18, 2026, the learned trial judge held that until the partition is finalised, the defendant/petitioner cannot disturb the plaintiff’s joint possession. Since the learned trial judge allowed the application under Section 151 of the Code of Civil Procedure directing the police to implement the order of injunction and in the light of the submissions made by the learned advocate for
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the petitioner that the petitioner is taking steps to make construction, this Court is not inclined to interfere with the order impugned. After this order was dictated, the learned advocate for the petitioner prays for liberty to file an appropriate application before the learned trial judge for permission to make construction. CO 2941 of 2026 stands disposed of without interfering with the impugned order but by giving liberty to the petitioner to make an appropriate application before the learned trial judge. If such an application is made, the learned trial judge shall consider and dispose of the same in accordance with law as expeditiously as possible after affording an opportunity of hearing to the respect parties. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)