Calcutta High Court (Appellete Side)
Sri Tridib Sarkar vs Smt. Shibani Sarkar & Others on 17 August, 2022
17.08.2022
Court No.32
rpan/17
FAT 146 of 2021
+
IA No.: CAN 1 of 2021
Sri Tridib Sarkar
- Versus -
Smt. Shibani Sarkar & Others
Mr. Chittapriya Ghosh,
Ms. Aiswarjya Gupta
... for the Appellant.
Mr. Ayan Banerjee,
Mr. Arijit Bhowmick,
Ms. Debasree Dhamali,
Ms. Riya Ghosh
... for the Respondents.
In Re.: IA No.: CAN 1 of 2021
Mr. Ghosh, learned advocate appearing for the
appellant undertakes to put in the deficit court fees
and/or cure the defects as pointed out in the report of the
Additional Stamp Reporter dated 23rd July, 2021 in
course of the day.
The delay in depositing the court fees by the
appellant be condoned.
The present appeal has been filed challenging the
judgment and decree dated 25th February, 2021 passed
by the learned Civil Judge (Senior Division), Small Causes
Court, Sealdah, Dist. - 24-Parganas South in Title Suit
No.35 of 2017.
In connection with the aforesaid appeal an
application, being IA No.: CAN 1 of 2021, has been filed
by the appellant, inter alia praying for stay of operation of
the judgment and decree dated 25th February, 2021.
Mr. Ghosh, learned advocate, appearing in support
of the application submits that the subject matter of the
instant appeal concerns a challenge to a preliminary
decree passed in a partition suit. A Partition
Commissioner has already been appointed, and unless an
order is passed restraining the learned Court from
passing the final decree for partition, the appellant would
be prejudiced and the same may lead to multiplicity of
judicial proceedings. He thus prays for a direction that no
final decree be passed in the present appeal.
Mr. Banerjee, learned advocate enters appearance
on behalf of the respondents through Ms. Dhamali,
learned advocate.
Heard the learned advocates appearing for the
respective parties and considered the averments made in
the application and the materials on record. We are of
the view that since the Partition Commissioner has
already been appointed, the commission proceedings may
go on, however, no final decree be passed till the disposal
of the present appeal. The aforesaid direction is passed in
the aforesaid suit for partition to ensure that there is no
multiplicity of judicial proceedings.
The application, being IA No.: CAN 1 of 2021 is
accordingly disposed of.
In Re.: FAT 146 of 2021
As Ms. Dhamali, learned advocate enters
appearance on behalf of the respondents, service of notice
of appeal upon the said respondents is dispensed with.
Lower Court Records be called for through the
Special Messenger at the cost of the appellant. Such cost
shall be deposited within seven days 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 advocates representing the
parties.
The appellant is 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 advocate
appearing for the respondents.
All formalities regarding preparation of paper books
are dispensed with but the learned advocate for the
appellant is directed to incorporate all the relevant
documents in the informal paper books.
Immediately upon filing of the paper books, the
office shall put a seal that the appeal is ready for hearing.
Liberty to mention.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties, upon compliance of
all requisite formalities.
(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)
