Kolkata Appellate Court April 2011 Judgments
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Sri Prabir Guha and ors. Vs. Sri Uttam Chand Surana and anr.
Court: Kolkata Appellate
Decided on: Apr-01-2011
1. This is an application under Article 227 of the Constitution of India. The petitioner is aggrieved by the judgment and order dated 26th August, 2008, passed in appeal, being Misc. Appeal No. 443 of 2006, by the learned Additional District Judge, Alipore. An appeal was instituted before the said learned Judge from an order of a learned Munsif refusing an order of injunction restraining the petitioner from claiming exclusive rights over a passage alongside a building. The learned Additional District Judge granted the order of injunction, against which the petitioner has come up before this court in this Revisional Application. BASIC FACTS:2.There is a substantially large property abutting on Rash Behari Avenue, Kolkata. There is a four storied building with a frontage on that road. It has some land appertaining to it on the back and to its west. The building and the land measure about 3 cottahs 5 chittaks and 30 sq. feet. The premise is numbered as 208/1 Rash Behari Avenue. It is owne...
Namokar Vinimay Pvt. Ltd. Vs. Yashdeep Trexim Pvt. Ltd and ors.
Court: Kolkata Appellate
Decided on: Apr-01-2011
1. On 29th respectively all these five matters appeared in the list and when the Court was about to pass judgment and order on the question of grant of interim relief Mr. A.K. Mitra, learned Senior Advocate appearing in M.A.T. 311 of 2011 (The Baranagore Jute Factory Plc vs.- Yashdeep Trexim Pvt. Ltd.) and M.A.T. 312 of 2011 (The Baranagore Jute Factory Plc. vs.- Baranagore Jute Factory Plc.) submitted on 29th March, 2011 that in the appeal his client does not want any interim order should be passed however he prayed the appeal should be heard out expeditiously as no factual question is involved, only question of law is required to be decided. Even the hearing of the appeal can be taken and the same can be disposed of on the basis of the papers placed before Court since all respondents had appeared in this matter. According to him the appeal itself should be heard right from tomorrow or soon thereafter. 2. Mr. Pal, learned counsel appearing for the appellant in M.A.T. 328 of 2011 (Namo...
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