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2021 (3) TMI 700 - HC - Benami PropertyOrder of injunction in respect of Schedule 'A' property - eviction suit pending before the learned Civil Judge (Junior Division) - HELD THAT:- There cannot be any doubt that if the decree dated 15th February, 2018 is taken into consideration, there is a clear finding that deed in the name of the defendant No.1 meaning thereby Smt. Durga Mudi, marked as Exhibit-1 belongs to the mother. We feel that the plaintiff has been able to make out a strong case in so far as the appellants are concerned to exclude 'A' Schedule property from the partition suit in respect whereof the learned Civil Judge (Senior Division), 2nd Court, Howrah has granted status quo. We are not sure as to what materials were exactly made available to the learned Trial Judge at the time of disposal of the injunction application dated 22nd July, 2019. Accordingly, we direct the learned Civil Judge (Senior Division), 2nd Court, Howrah to rehear the injunction application after taking into consideration the decree passed without being influenced by our observation. The appellants shall be entitled to bring all necessary documents in support of their claim over 'A' Schedule Property by way of an affidavit filed within 10 days from date upon prior service to the respondents and the respondents shall be at liberty to file any rejoinder to the said affidavit within 10 days thereafter.
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