Pranab Kumar Dey vs Hiralal Shaw (Deceased)
2022 Latest Caselaw 7967 Cal

     8
01.12.2022
 Ct. No. 32
   rrc


                                   FAT 309 of 2022
                                         with
                                 IA No. CAN 1 of 2022

                   [Pranab Kumar Dey Vs. Hiralal Shaw (deceased)
                       his legal heirs Lal Chand Shaw & Ors.]


                  Mr. Rahul Karmakar
                  Mr. Saunak Mukherjee
                                            ..... For the appellant

                  Mr. Debjit Mukherjee
                  Mr. Anirban Pal
                                            ..... For the respondent

nos. (i), (ii) & (iii)

The present appeal has been preferred challenging a

judgment and decree dated 17th September, 2022 passed

by the learned Judge, 2nd Bench, City Civil Court at

Calcutta in Title Suit No. 257 of 2019. In connection with

the appeal, the appellant has filed an application for

injunction being CAN 1 of 2022.

Upon hearing the learned advocates appearing for the

respective parties and considering the materials on

record, we restrain the respondents from creating any

third party interest in the suit property till the disposal of

the appeal or until further orders, whichever is earlier.

The parties would be at liberty to pray for modification

and/or variation of the order, if so advised and in

accordance with law.

Let the hearing of the appeal be expedited.

Since Mr. Pal, learned advocate has entered

appearance on behalf of the respondent nos. (i), (ii) and

(iii), service of notice of appeal upon the said respondents

is dispensed with.

The appellant is directed to put in the requisites for

service of notice of appeal upon the respondent no. (iv)

within a week from date.

Lower Court Records be called for through Special

Messenger at the cost of the appellant. Such costs 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 appellant.

The appellant is directed to prepare 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 to file the same after serving a copy upon the

learned advocate for the respondents.

Liberty to mention for final hearing of the appeal after

the paper books are filed.

The application being CAN 1 of 2022 is disposed of.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)