(Sri Atanu Mahapatra vs Ashes Kumar
2022 Latest Caselaw 5543 Cal

    25
17.08.2022
Ct. No. 32
   rrc


                                FMAT 209 of 2022
                                     with
                                 CAN 1 of 2022
                                     with
                                 CAN 2 of 2022


                       (Sri Atanu Mahapatra Vs. Ashes Kumar
                                   Ghosh & Anr.)


                Mr. Samrat Choudhury
                Sk. Aktar Hossain
                                             ..... For the appellant

                Mr. Subhojit Seal
                                             ..... For the respondents

The present appeal has been preferred challenging the

judgment dated 31st March, 2022 passed by the learned

Judge, IInd Bench, City Civil Court at Calcutta in Misc.

Case No. 2368 of 2019 arising out of Title Suit No. 1748 of

2018. In connection with the said appeal, an application for

condonation of delay and an application for stay have been

preferred. Copies of the said applications have been handed

over to Mr. Seal, learned advocate, who enters appearance

on behalf of the respondents.

Upon hearing the learned advocates and considering the

averments made in the application for condonation of delay,

we are satisfied with the explanation given towards the

delay of four days in filing the present appeal.

According, such delay is condoned and the application

being CAN 2 of 2022 is disposed of.

Mr. Choudhury, learned advocate appearing for the

appellant submits that a title execution case has already

been filed and next date has been fixed on 20th August,

2022 and unless the interim order, as prayed for, is passed,

the appellant would suffer severe prejudice.

Mr. Seal, learned advocate appearing for the

respondents opposes the appellant's prayer.

Upon hearing the learned advocates and considering the

materials on record and since a title execution case has

already been filed, we are of the opinion that it would be

appropriate to grant an interim stay on reasonable terms.

There shall be an unconditional stay of all further

proceedings in the Title Execution Case No. 34 of 2019

pending before the learned Judge, IInd Bench, City Civil

Court at Calcutta till 15th September, 2022 or until further

orders, whichever is earlier.

List the matter for further consideration in the daily

supplementary list of this Court as 'For Orders' on 12th

September, 2022.

On the said returnable date (12th September, 2022), the

appellant shall place before this Court a bank draft of

Rs.1,50,000/- issued in the name of the respondent no. 1

(Ashes Kumar Ghosh).

In the event the said bank draft is not produced on the

returnable date, the respondents would be at liberty to

proceed with the title execution case.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)