Calcutta High Court (Appellete Side)
Manju Pal & Ors vs Mira Roy & Ors on 1 August, 2022
FAT 182 of 2022
with
01.08.22 CAN 1 of 2022
Sl-25 and
Ct.32 CAN 2 of 2022
(S.R.)
Manju Pal & Ors.
v.
Mira Roy & Ors.
Mr. Basudev Gayen ... for the appellants.
Ms. Shila Sarkar ... for the respondent nos.1 & 2.
Affidavit of service filed by the appellants be kept on
record.
The present appeal has been preferred against the
judgment and decree dated 24th December, 2020 in a suit
for partition being Title Suit No.179 of 2017. In
connection with the appeal an application for condonation
of delay being CAN 1 of 2022 and an application for stay
being CAN 2 of 2022 have been filed.
CAN 1 of 2022
Upon hearing the learned advocates appearing for the
respective parties and upon considering the averments
made in the application for condonation of delay, we are
satisfied with the explanation given towards the delay in
preferring the appeal more so when the period of delay
stands intervened by a period lost due to the pandemic.
Accordingly, the delay of 91 days in preferring the appeal
is condoned and the application for condonation of delay
being CAN 1 of 2022 is disposed of.
CAN 2 of 2022
Mr. Gayen, learned advocate appearing for the
appellants submits that the impugned judgment has been
delivered by the learned Court below upon an erroneous
determination of share and that steps have been taken for
appointment of the Partition Commissioner. The denial of
the interim order, as prayed for, would cause severe
prejudice to the appellants.
Ms. Sarkar, learned advocate appearing for the
respondent nos.1 and 2, however, submits that
commission work has not yet commenced.
Upon hearing the learned advocates, we direct that
the Partition Commissioner would be at liberty to proceed
with the commission work. However, no final decree shall
be passed till the disposal of the present appeal.
The application for stay being CAN 2 of 2022 is,
accordingly, disposed of.
Let the hearing of the appeal be expedited.
As Ms. Sarkar, learned advocate has entered
appearance on behalf of the respondent nos.1 and 2, the
service of notice of appeal upon the said respondents is
dispensed with.
The appellants are directed to put in the requisites
for service of notice of appeal upon the respondent no.3
within two weeks from date.
The Lower Court records be called for through
Special Messenger at the cost of the appellants. Such
cost shall be deposited within two weeks from date.
Immediately, after arrival of the Lower Court
Records, the office shall examine the same and, if found
complete shall issue notice of arrival of Lower Court
Records to the learned advocate for the appellants.
The appellants are directed to prepare and file
requisite number of informal paper books-printed,
typewritten or cyclostyled, as the case may be out of
Court, within four weeks from the date of service of notice
of arrival of Lower Court Records and shall file the same
after serving a copy thereof upon the learned advocates
appearing for the respondents.
All formalities regarding preparation of paper books
are dispensed with but the learned advocate for the
appellants shall incorporate all relevant documents in the
informal paper books.
Liberty to mention after filing of the paper books.
(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)
