Sabita Chowdhury & Anr vs Ar Anirban Dutta & Anr
2021 Latest Caselaw 6227 Cal

01      09.12.2021                        SAT 170 of 2018
                                                   with
Ct-08                        I.A No. CAN 1 of 2018 (Old No. CAN 3339 of 2018)
                                               CAN 2 of 2021

                                        Sabita Chowdhury & Anr.
                                                  Vs.
ar                                        Anirban Dutta & Anr.


                        Mr. Haradhan Banerjee
                        Mr. Arif Ali
                                     ... For the Appellants

                        Mr. Arijit Bardhan
                                     ... For the Respondents

This matter is listed for certain clarifications on the question of law.

Mr. Haradhan Banerjee, learned senior counsel appearing on behalf of the appellants, has placed reliance upon two decisions in support of the appellants for subsequent events, which can be taken up for consideration at the time of admission of the second appeal. Mr. Banerjee has also handed over a set of new judgment to the court today.

While hearing Mr. Banerjee, certain queries are raised in the mind of the court with regard to the maintainability of the second appeal, as the appellants have no case to answer. Mr. Banerjee has prayed for time to enable him to address on the above issue in another date.

We have departed the usual practice not to hear the decree-holder/respondent, as it appears to us that on the admission of the appeal may affect his valuable right as he was able to obtain a decree of eviction on 18th May, 2014 and the same was affirmed by the first appellate court on 2nd March, 2018. Moreover, the decree-holder

has obtained possession and presently is in possession of the suit property. In the event, the respondents are heard on this point, Mr. Banerjee has no objection. In fact, our decision may conclusively decide the fate of the appeal.

Under such circumstances, by consent of parties we hear out the appeal on merits, subject to progress of formulation of substantial question of law, as that is the pre-requisite to hear the parties on merit in a second appeal. Let this matter appear on 28th January, 2022 at 2.00 p.m.

(Aniruddha Roy,J.) (Soumen Sen, J.)