Calcutta High Court (Appellete Side)
Sankar Maji & Ors vs Sri Madan Chandra Maji & Ors on 1 December, 2021
25 01.12.2021 SAT 96 of 2020
with
Ct-08 I.A No. CAN 1 of 2020
CAN 2 of 2020
CAN 3 of 2020
CAN 4of 2020
ar
Sankar Maji & Ors.
Vs.
Sri Madan Chandra Maji & Ors.
Mr. Rabilal Maitra, Sr. Adv
Mr. Rajitlal Maitra
... For the Appellants
Mr. Rabindranath Mahata
Mr. Aritra Shankar Ray
... For the Respondents
Seen the report of the Stamp Reporter dated
July 03, 2020.
The learned advocate for the appellants is
directed to correct the valuation statement in the
memorandum of appeal.
It seems that the attention of the learned
judge in the lower appellate court was not drawn
to the provisions of rule 7 of Order XX of the
Code of Civil Procedure, which contemplates that
the decree shall bear date, the day on which the
judgment was pronounced. The learned Judge of
the lower appellate court pronounced the
judgment on January 22, 2020, but the decree is
dated February 06, 2020.
The certified of the decree of the trial court is
also bereft of valuation statement.
Office is, therefore, directed to send down the
certified copies of the decree to the courts below.
The learned judges in the lower appellate court
as well as in the trial court shall make necessary
corrections in the original decrees and,
thereafter, shall make consequential corrections
in the certified copies of the decree. After such
corrections, the learned judges shall remit the
certified copies of the decree to this court within
a period of three weeks from the date of receipt of
the certified copies, as aforesaid, by their office.
The learned advocate on record for the
appellants is also directed to correct the dates of
the decree of the courts below in the preamble of
the memorandum of appeal here and now.
Re: CAN 3 of 2020 (Section 5)
The Stamp Reporter reported that the appeal
is delayed by 60 days. An application for
condonation of delay has been filed.
In view of the order of the Hon'ble Supreme
Court passed in Miscellaneous Application No.
665 of 2021 in SMW(C) No. 3 of 2020 on 23rd
September, 2021 the appeal is treated as within
time and there is no necessity to file application
for condonation of delay and the appeal is
treated as filed in time. The application for
condonation of delay is redundant and the same
is accordingly disposed of without, however, any
order as to costs.
Now we take up the appeal for admission
hearing.
This appeal will be heard on the following
substantial question of law:-
Whether the learned judge of
the lower appellate court, erred in
law in reversing the decree of the
trial court on the doctrine of blending
of the property in suit by disre-
garding and/or misinterpreting
Exhibits-1 and 2 which would show
that Kalipada is the exclusive owner
of the property?
In view of admission of the appeal, as above,
the applications filed under CAN 1 of 2020 and
CAN 4 of 2020 are allowed.
Re: CAN 2 of 2020 (Injunction)
filed on September 8, 2020
Mr. Rabindranath Mahata, learned advocate
appears along with his junior Mr. Aritra Shankar
Ray on behalf of the respondents. Mr. Mahata
accepts notice of this appeal and the application
for injunction on behalf of the respondents.
Therefore, formal service of notice of appeal and
the application for injunction on the respondents
is dispensed with and the appeal and the
application are treated as ready as regard service
by appearance.
After hearing Mr. Rabilal Maitra, learned
senior advocate appearing on behalf of the
appellants and Mr. Mahata, learned advocate
appearing on behalf of the respondents and
considering the nature of dispute involved in this
appeal, we dispose of this application for
injunction and direct the parties to maintain
status quo, as of today, with regard to the
nature, character and possession of the property
in suit during the pendency of this appeal,
though we are not unmindful of the fact that the
respondents have succeeded before the lower
appellate court.
Let the hearing of the appeal be expedited.
Let the lower courts' records of this case be
called for at once.
Immediately after arrival of the lower courts'
records office shall examine the same and, if
found complete, shall serve notice of arrival of
lower courts' records on the learned advocate for
the appellants at once.
The appellants are given liberty to prepare
and file requisite number of paper books -
printed, typewritten or cyclostyled, as the case
may be - within a period of two months from the
date of service of notice of arrival of lower courts'
records on the learned advocate for the
appellants.
Liberty to mention the appeal for early
hearing after the same becomes ready.
There will be no order as to costs.
(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)
