Smt. Niyati Ghosh & Another vs Sri Sujit Banik & Another
2022 Latest Caselaw 5989 Cal

26.08.2022
Court No.32
 rpan/11


                                   F.A. 132 of 2022
                             Smt. Niyati Ghosh & Another
                                        - Versus -
                               Sri Sujit Banik & Another
                                           And
                                  IA No.: CAN 3 of 2022
                              Sri Sujit Banik - Applicant.

                          Mr. Biswajit Konar,
                          Ms. Prajaaini Das,
                          Mr. Arijit Mahinder
                                      ... for the Appellants.
                          Mr. Debasish Sarkar,
                          Mr. Krishanu Ghosh,
                          Mr. Jayanta Samanta,
                          Dr. Pijush Sarkar
                                 ... for the Respondents/Applicant.

The present application, being CAN 3 of 2022 has

been preferred by the respondent no.1 in the present

appeal inter alia praying for 'an order granting leave to the

petitioner to proceed with the execution of the decree in

connection with Misc. Case no.193 of 2017 pending before

the Learned Civil Judge (Junior Division) 2nd Court at

Alipore'.

Mr. Sarkar, learned advocate appearing for the

respondent no.1/applicant submits that a co-ordinate

Bench of this Court by an order dated 2 nd March, 2022

directed that the decree holder shall not put the decree

into execution without the express leave of this Court and

that in the meantime efforts should be made to settle the

dispute amicably. As the appellants have not taken any

steps to settle the dispute, the interim order needs to be

vacated.

Mr. Konar, learned advocate appearing for the

appellants denies and disputes the contention of

applicant.

Upon hearing the learned advocates and

considering the materials on record, we do not find any

reason to vacate the interim order or to grant any leave to

the applicant to proceed with the execution case.

Accordingly, the application, being CAN 3 of 2022 is

dismissed.

Mr. Konar submits that in terms of the earlier

direction paper books have already been filed but

inadvertently the judgment impugned in the appeal and

the bailiff's report have not been annexed. He also prays

for leave to annex a fresh index.

Leave is granted to the appellants to file requisite

number of supplementary paper books, annexing the said

documents within two weeks from date.

The parties would be at liberty to mention the

appeal for final hearing after filing of the supplementary

paper books.

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