Calcutta High Court (Appellete Side)
Shyampada Jana vs Srimati Lalita Jana & Ors on 19 April, 2022
19.04.2022
SL No.7
Court No.8
(gc)
FAT 442 of 2018
With
CAN 1 of 2018
(Old No: CAN 6704 of 2018)
Shyampada Jana
Vs.
Srimati Lalita Jana & Ors.
Mr. Rabindranath Mahato,
Mr. Aritra Shankar Ray,
...for the Appellant.
Mr. Pratip Mukherjee,
Mr. Sudip Basu,
Mr. Omar Faruk Gazi,
...for the Respondent
Nos.1(a) to (1g).
Re: CAN 1 of 2018
(Old No: CAN 6704 of 2018)
We have heard the learned Counsel for the
respondent Nos.1(a) to 1(g). In view of the submission
made on behalf of the appellant that the appellant is not
disputing the share of the respondent Nos.1(a) to 1(g) to
the extent of 9 decimals out of 28 decimals of land in
respect of a plot no.1183 only, there shall be an order of
injunction restraining the respondent Nos.1(a) to 1(g) to
deal with the remaining 19 decimals in respect of plot
no.1183 subject to the appellant depositing a sum of
Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of
the appeal within 10 days from date.
There shall be an unconditional stay of operation of
the impugned order to the extent indicated above for a
period of 10 days from date and in the event the said
amount is deposited with the learned Registrar General of
this Court within the aforesaid period, the order of stay
shall continue till the disposal of the appeal.
We make it clear that in the event the said deposit
is not made within the aforesaid period, there shall be no
stay of operation of the impugned judgment and
preliminary decree.
The learned Registrar General is directed to invest
the said amount in a suitable fixed deposit account with a
nationalized bank yielding highest return till the disposal
of the suit.
The appellant shall intimate compliance of this
order to the Advocate-on-record of the respondent
Nos.1(a) to 1(g) within 10 days from date.
The parties may approach the Trial Court for
appointment of an Advocate Commissioner for expeditious
conclusion of the partition suit.
Accordingly, the application being CAN 1 of 2018
(Old No: CAN 6704 of 2018) stands disposed of.
Since no affidavit-in-opposition is called for, all
allegations are deemed to have been denied.
Re: FAT 442 of 2018
Let the Lower Court Record of this case be called
for immediately by Special Messenger at the costs of the
appellant. Such costs are to be deposited within 10
days from date.
Learned Counsel appears on the respondent
Nos.1(a) to 1(g) accepts service of notice of appeal on
behalf of the said respondents. As such, service of
notice of appeal upon the said respondents is waived
and the appeal is ready as regards service.
Since other respondents are not contesting, there is
no requirement to serve any notice upon the remaining
respondents.
After arrival of Lower Court's Record, Office shall
examine the same and, if found complete, shall serve a
notice upon the appellant.
The appellant shall prepare and file requisite
number of informal paper books, printed, typewritten or
cyclostyled, as the case may be, out of court, by 30th
June, 2022.
The appeal is ready as regards service upon the said
respondents.
Liberty to mention after preparation of the paper
books.
(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)
