Archana Swaika & Anr vs Piyush Goenka

Shampa Sarkar, J

This is an application filed by the defendants in Title Suit No. 1787 of 2019. Aggrieved by an order dated December 3, 2019 by which an ad interim order of injunction was allowed restraining the defendants/petitioners from causing any nuisance or disturbance in peaceful living of the plaintiff and his enjoyment of the suit property, i.e., Schedule A and Schedule B property and further restraining them from sending any men and women to the said property or from entering into the said property without the permission of the plaintiff, a Misc. Appeal was filed by the petitioners being Misc. Appeal No.6 of 2020.

In Misc. Appeal No.6 of 2020, the petitioners filed an application for stay of the operation of the order of ad interim injunction. The opposite party/plaintiff had lodged a caveat and a copy of the application was served. The learned court of appeal below without granting the stay passed an order for hearing of the stay application and directed the opposite party to file objection in the meantime. The next date is fixed as January 20, 2020.

It is submitted on behalf of the petitioner by Mr. Mitra, learned senior advocate that the learned court of appeal below ought to have considered that the daughters had a right to visit their ailing mother and ought to have given them a limited protection to that effect till disposal of the stay application.

It appears that the suit has been filed with the prayers for declaration of title of the opposite party and for permanent injunction restraining the defendants from entering into the suit premises. The nature of the interim order is such that the defendants cannot at all enter into the suit premises and, as such, will not be able to meet their mother. However, the merits of the contentions of the plaintiff and the defendants are to be decided in the suit. Whether the order of injunction was justified or not will be decided in the Misc. Appeal No. 6 of 2020, pending before the learned District Judge at Alipore.

However, as the mother is 75 years old and it is submitted that she is unwell, for ends of justice, this Court permits the daughters to meet their mother on the following terms:-

The learned advocates for the respective parties will be present during the visit today between 4.30 pm to 5.30 pm. The learned advocate accompanying the petitioner would be Mr. Amit Agarwal and Mr. Supran Dey will be present on behalf of the opposite party during such visit. The daughters will have an interaction with the mother in the presence of the learned advocates.

The parties are directed to maintain civility and dignity during such visit. This Court is not expressing any view with regard to the justifiability of the order of injunction passed by the learned trial judge which will be decided in the appeal. It is expected that the Misc. Appeal No. 6 of 2020 should be disposed of expeditiously, preferably within a period of three months from date of communication of the order.

The application for stay which is listed for hearing before the learned court of appeal below on Janaury 20, 2020, should be disposed of, preferably within January 31, 2020.

Written objection, if any, by the opposite party, should be filed by January 20, 2020 upon serving an advance copy to the petitioners, if not already filed.

It is made clear that this order is restricted to the visit to the house of the opposite party only for today.

The revisional application is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.