(Sri Durga Prasad Roy Chowdhury vs Sri Ashoke Kumar Roy Chowdhury)
2022 Latest Caselaw 8154 Cal

08.12.2022
 Ct. No. 32
 01/rpan




                                 FAT 184 of 2022
                                       with
                               IA No. CAN 1 of 2022

                       (Sri Durga Prasad Roy Chowdhury Vs.
                        Sri Ashoke Kumar Roy Chowdhury)



                 Mr. Soumik Ganguli
                                           ..... For the appellant

                 Mr. Gautam Banerjee
                 Mr. Anjan Dutta
                                           ..... For the respondent

The present appeal has been preferred against the

judgment and decree dated 16th June, 2022 passed by

the learned Civil Judge (Senior Division), 2 nd Court,

Barasat, North 24-Parganas in Title Suit No. 779 of

2017. In connection with the appeal, an application for

stay being CAN 1 of 2022 has been preferred.

We have heard the learned advocates appearing for

the respective parties. We have been informed that the

learned Commissioner was appointed and that he had

already filed his report before the learned Court below

but no final decree has been passed.

The suit is for partition and in order to avoid

multiplicity of judicial proceedings, we direct that no final

decree shall be passed till the disposal of the appeal.

The application being CAN 1 of 2022 is, accordingly,

disposed of.

Let the hearing of the appeal be expedited.

Mr. Banerjee, learned advocate appearing for the

plaintiff/respondent prays for leave to file the paper

book. Such prayer is considered and allowed.

Lower Court Records be called for through Special

Messenger at the cost of the respondent. 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 respondent.

The respondent is directed to prepare requisite

number of informal paper books-printed, typewritten or

cyclostyled, as the case may be, out of Court and to file

the same, within four weeks from the date of service of

notice of arrival of Lower Court Records.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

respondent is directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention after filing of paper book.

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