Sri Sanatan Saha & Anr vs Sri Dilip Kumar Dutta & Anr
2022 Latest Caselaw 2016 Cal

05      18.04.2022                          SA 17 of 2022
                                                  with
Ct-08                                    I.A No. CAN 1 of 2021

                                        Sri Sanatan Saha & Anr.
                                                   Vs.
                                      Sri Dilip Kumar Dutta & Anr.
ar

                        Mr. Saptangsu Basu, Sr. Adv
                        Mr. Kaushik Dey
                        Ms. Shraboni Sarkar
                                   ... For the Appellants

                        Mr. Sanjib Kumar Mukhopadhyay
                                    ... For the Respondents

In view of the fact that the settlement has failed between the parties. This appeal will be heard on the following substantial questions of law :-

I. Whether the first appellate court has committed substantial error in law in failing to appreciate that from the title deed of the appellants and the title deeds of the predecessor-in- interest of the appellants clearly established that the appellants have right, title and interest in respect of the suit property?

II. Whether the first appellate court misconstrued Exhibits "2" and "B" in arriving at a finding that the plaintiffs have right, title and interest in respect of the suit property?

III. Whether the first appellate court on misconstruction of Exhibits "D", "E" and "H" and

misappreciation of evidence has returned the finding that the plaintiffs are the owners of the suit property?

IV. Whether the first appellate court has committed substantial error in law in not appreciating that the Hon'ble High Court by its judgment and order dated 13.05.2015 in F.M.A 558 of 2013 has clearly held that decided that the Registered Deed of Conveyance dated 29.10.1999 and the Rectification Deed dated 18.06.2001 executed by Renuka Rani in favour of the defendants cannot be challenged by the plaintiffs?

V. Whether the first appellate court could have ignored the judgment and order dated 13.05.2015 in F.M.A 558 of 2013, which established the right, title and interest of the appellants over and in respect of the suit property?

Call for the records; issue usual notices. Mr. Sanjib Kumar Mukhopadhyay, learned counsel representing the respondents, waives service of notice of appeal upon the said respondents.

Re: CAN 1 of 2021

In view of admission of appeal, there shall be stay of operation of the impugned judgment and

order dated 25th February, 2021 for a period of eight weeks or until further order, whichever is earlier.

Mr. Sanjib Kumar Mukhopadhyay, learned senior counsel appearing for the respondents has prayed for time to file affidavit-in-opposition to the injunction application. Affidavit-in-opposition shall be filed within two weeks from date. Reply, if any, be filed within two weeks thereafter. Liberty to mention before the learned single judge having determination.

(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)