Kalyan Kumar Mahajan vs Tapati Mahajan & Ors
2022 Latest Caselaw 1509 Cal/2

                       I. A. No. GA 1 of 2021
                       APOT No. 138 of 2021
                                 with
                         CS No. 282 of 2019
                IN THE HIGH COURT AT CALCUTTA
                          In Appeal from its
              ORDINARY ORIGINAL CIVIL JURISDICTION
                 CIVIL APPELLATE JURISDICTION



                        Kalyan Kumar Mahajan
                                Versus
                        Tapati Mahajan & Ors.




Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice ANIRUDDHA ROY
Date: 28th April 2022

                                                                 Appearance:
                                                     Mr. Sakya Sen, Advocate
                                                 Mr. Supratim Laha, Advocate
                                                   Ms. Dona Ghosh, Advocate
                                                  for the appellant/petitioner
                                                 Mr. Ovik Sengupta, Advocate
                                        Mr. Subhankar Chakraborty, Advocate
                                        Mr. Saptarshi Bhattacharjee, Advocate
                                                for the defendant/respondent

The Court: At the instance of the Registrar, Original Side this

appeal and the connected stay application have been listed today under

the heading "To Be Mentioned".

The folder that has been prepared by the learned Registrar,

Original Side inter alia contains a judgment and order dated 1st April

2022 of the Supreme Court. By that order, the orders of this court dated

24th November 2021 and 8th December 2021 has been set aside.

The appeal is remitted back to us "to decide the question of

maintenance in accordance with law".

By the order dated 24th November 2021 the appeal and the

connected application were disposed of by us. Learned counsel for the

parties submit before us that the appeal was from an interim order of the

learned trial court, before exchange of affidavits. Directions for filing

affidavits to the stay application should be made by us so that the facts

which are necessary for determination of the question before us, are on

record.

We are in agreement with this submission.

Let affidavits be exchanged in the stay application (IA No. GA 1 of

2021) according to the following directions:

Affidavit-in-opposition be filed by 6th May 2022; reply, if any, by

13th May 2022.

Advocate-on-record for the appellant shall prepare and file an

informal paper book containing the papers of the learned trial court as

well as those of this appeal which must include the stay petition and the

affidavits exchanged in relation to it. Such paper book shall be filed by

20th May 2022.

List the appeal and the connected stay application at the top on 9th

June 2022 under the heading "For Argument".

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)

R. Bose