Asmauddin Ahamad Shajada & Ors vs Mahammad Ali & Ors
2022 Latest Caselaw 2314 Cal

7    25.4.2022
Sc   Ct. no.8
                                            SA 12 OF 2022
                                                  with
                                        I.A. No. CAN 1 OF 2021
                                                 ----------

Asmauddin Ahamad Shajada & Ors.

-vs.-

Mahammad Ali & Ors.

Mr. Saptanshu Basu Ms. Suparna Mukherjee Ms. Anna Malhotra Mr. Rishav Maity.

... For the Appellants/ Defendants Mr. Kumar Jyoti Tewari Mr. Manas Kumar Das Mr. Aniruddha Tewari.

... For the Respondents/ Plaintiffs

Upon hearing Mr. Saptanshu Basu, learned

senior advocate appearing for the appellants/defendants,

we admit the second appeal on the following questions of

law :

I. Whether the first appellate court could have

reversed the decree of the learned trial Court

by decreeing the suit in favour of the

plaintiffs disregarding that the plaintiffs

could not prove their possession in respect of

the suit property and have not prayed for

recovery of possession?

II. Whether the first appellate Court on

misconception of law and misappropriation of

the evidence returned a finding on the Power

of Attorney in favour of the plaintiffs?

Since Mr. Tewari, learned advocate is appearing on

behalf of the respondents/plaintiffs, service of notice

upon them is waived. The appeal is ready as regards

service of notice upon the respondents/plaintiffs.

The department is directed to call for the Lower

Court Records.

The impugned judgment and decree of the first

appellate Court shall remain stayed for a period of eight

weeks or until further order, whichever is earlier.

Learned advocate for the appellants shall serve

copies of the stay petition upon the non-appearing parties

by Speed Post with Acknowledgement Due within a week

from date.

The department is also directed to place the records

before the appropriate Bench having determination.

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