Deb Narayan Jana vs Lakshmi Narayan Jana & Ors
2021 Latest Caselaw 1758 Cal

09.03.2021                                 FAT 620 of 2019
Court No. 02
                                                with
Item No. DL - 91                            CAN 1 of 2020
snandy
                                              (CAN 101 of 2020)
(ORDER PASSED)


                                         Deb Narayan Jana
                                                Vs.
                                    Lakshmi Narayan Jana & Ors.

                   Mr. Jiban Ratan Chatterjee, Senior Advocate
                   Mr. Soumen Dutta, Advocate
                   Mr. Subhadeep Chatterjee, Advocate
                                                        ......for the appellants

                         Despite service there is no representation on behalf of
                   the respondents. The affidavit of service filed in Court today

be kept with the record.

CAN 1 of 2020 (CAN 101 of 2020)

This is an application for injunction restraining the respondents from partitioning the suit plot nos. 341/342 and also from disturbing the possession of the plaintiff therefrom. It is alleged in the instant application that the trial Court while passing the preliminary decree did not notice the relevant facts and, therefore, wrongly decided the share of the appellant in respect of the aforesaid plots.

The aforesaid question is required to be decided in the instant appeal and the manner in which the prayer for injunction has been couched, if allowed, will impinge upon the impugned judgment and the effect of the same would be destroyed.

We thus dispose of the application being CAN 1 of 2020 (CAN 101 of 2020) directing the trial Court to proceed with the partition commission work but shall not pass the final decree till the disposal of the instant appeal.

Let the hearing of the appeal be expedited.

The appellant is, therefore, directed to put in the requisites, namely, postal costs, written up notice forms and correct postal address of the respondents for effecting service of notice of appeal by registered post with acknowledgment due within a week from date. In default, put up for final orders.

Let the Lower Court Record be called for by Special Messenger at the cost of the appellant. The appellant is directed to put in the Special Messenger Cost for bringing the Lower Court Record within one week from date.

Upon deposit of such cost, Office shall bring the Lower Court Record by Special Messenger immediately. After arrival of the LCR, the department shall examine the same and if found complete, shall put a seal in this regard. The department shall ensure that the LCR arrives to this court within three weeks from the date of deposit of the Special Messenger Cost. After the LCR is found complete, the department shall serve a notice upon the learned Advocate for the appellants, under Rule 12 Chapter IX of the Appellate Side Rules, within a week therefrom.

The appellant shall prepare eight copies of informal paper books - printed, typewritten or cyclostyled, as the case may be - out of court, within a period of eight weeks from date. All other formalities relating to preparation of Paper books are dispensed with.

It goes without saying that all the relevant documents and papers which are required for adjudication of the dispute in the appeal, shall be included in the paper book.

After the completion of all the formalities, liberty is granted to the parties to pray for early listing of the matter.

The trial Court shall keep a skeleton file of the Lower Court Record for the purpose of commission work before sending the same before this Court.

(Harish Tandon, J.)

(Kausik Chanda, J.)