Amal Kumar Ghosh vs Rathindra Mohan Ghosh & Ors
2022 Latest Caselaw 2356 Cal

42   26.4.2022
Sc   Ct. no.8
                                       I. A. No. CAN 1 OF 2021
                                                  in
                                          FAT 328 OF 2020
                                               --------------

Amal Kumar Ghosh Vs.

Rathindra Mohan Ghosh & Ors.

Mr. Prabir Kumar Misra Mr. Shyamaol Chakraborty Mr. Shibendra Nath Chattopadhyay Mr. Priyam Misra.

... For the Plaintiff/ Appellant/Applicant

I. A. No. CAN 1 of 2021 is an application for

expeditious hearing of the appeal.

The appeal is arising out of a judgment and decree

in a suit for partition. The suit was dismissed on contest.

The plaintiff is the appellant.

Mr. Prabir Kumar Misra, learned advocate is

appearing on behalf of the appellant/applicant. The

respondents are not represented.

Requisites be put in by the appellant for service of

notice of appeal on the respondents within a week from

date.

The appellant shall deposit special messenger costs

by 29th April, 2022 for facilitating transmission of the

lower court records from the Court of Civil Judge (Senior

Division), Serampore, Hooghly to this Court.

As soon as the lower court records arrive, office

shall examine the same and if found complete, it shall

serve notice of arrival of the lower court records upon the

learned advocate for the appellant so that the appellant

can file requisite number of informal paper books -

printed, typewritten or cyclostyled incorporating all

papers used before the court below, within six weeks

thereafter.

Copy of the paper books shall be served on the

learned advocate for the respondents immediately after

the paper books are filed in the department.

As soon as the paper books are filed and served on

the respondents, the appellant shall be at liberty to

mention the appeal for hearing.

The application being I.A. No. CAN 1 of 2021 is

disposed of.

We make it clear that the above directions are

peremptory.

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