Ratan Kumar Barman vs Anil Kumar Das & Anr
2022 Latest Caselaw 5947 Cal

26.08.2022
Sl. 12               (Via Video Conference)
Ct.No. 3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                      SAT 108 of 2022
                           With
                       CAN 1 of 2022

                  Ratan Kumar Barman
                           Vs.
                  Anil Kumar Das & Anr.


              Mr. Krishna Das Poddar
              Mr. Pradip Paul
                                  ...for the appellant/plaintiff

              Mr. Sankar Proshad Dalpati
              Mr. Sadik Dewan
              Ms. Tanushree Ghosh
              Mr. Sourav Mondal
                            ...for the respondents/defendants

Re: CAN 1 of 2022 (stay)

We admit this second appeal from the

judgment and decree dated 7th June, 2022

passed by the learned Civil Judge (Senior

Division), 1st Court, Contai, Purba Medinipur in

Title Appeal No. 1 of 2020 on the following

substantial questions of law:

1. Whether the finding of the learned

appellate court that the respondent/

defendant no. 1 was the co-owner of the

"Ka" schedule property perverse?

2. Whether the respondent/defendant no. 1

could claim any easement right over the

subject pathway in the property?

As the respondents are represented by

learned counsel, issuance and service of the

notice of appeal are dispensed with.

Transmission of the lower court records is

dispensed with for the time being. We shall only

call for them if and when required.

Advocate on record for the appellant is to

prepare and file the requisite number of informal

paper books by 16th September, 2022, serving at

least one copy thereof on the advocate on record

for the respondents not later than 7 days before

the date of hearing of the appeal.

All other formalities regarding preparation of

paper books are dispensed with.

Considering the submission made by the

parties, as an interim measure, status quo

operating as of today with regard to the use of

the pathway shall be maintained till the disposal

of the appeal or until further order, whichever is

earlier.

The status quo is that both the parties are

using the said passage. If any, obstruction has

been caused to the use of the said passage,

either of the parties will be at liberty to remove

the obstruction and restore the status quo.

The application for stay (CAN 1/2022) is to

be transmitted to the learned single judge having

determination.

( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )