Calcutta High Court (Appellete Side)
Sri Hemarun Sanyal Alias Himarun ... vs Sri Hirak Sanyal & Others on 13 December, 2022
13.12.2022
rpan/12
FAT 303 of 2021
+
IA No.: CAN 1 of 2022
Sri Hemarun Sanyal alias Himarun Sanyal
- Versus -
Sri Hirak Sanyal & Others
Mr. Arindam Banerjee
... for the Appellant.
Mr. Saptansu Basu,
Mr. Subhabrata Das,
Mr. Ashis Kr. Datta,
Mr. Dulal Ch. Pal
... for the Respondent nos.1, 2, 5 & 6.
This appeal has been filed challenging the final
decree passed by the learned Civil Judge, Senior Division,
10th Court, Alipore in Title Suit no.76 of 2005 ( Partition
suit). In connection with this appeal, an application,
being IA No.: CAN 1 of 2022 has been preferred praying
for an order staying in operation of the judgment and final
decree passed by the learned court below in Title Suit
no.76 of 2005.
In the said application it has been recited that
although there was no dispute regarding the declaration
of share of co-sharers but since at the time of allocation of
their share equal portion of the property could not be
allotted to some of the co-sharers, they were entitled to
owelty money but that owelty money has not been
determined and has not been directed to be paid to the
co-sharers getting lesser portion of the property and
before acceptance of commissioner's report , other points
had also been raised which, according to the appellant,
were not considered by the learned court below .
Such contention has been disputed by Mr. Basu,
learned senior advocate, representing the respondent
nos.1, 2, 5 and 6.
Heard the learned advocates. Perused all the
documents. Here the appellant has raised some
substantial questions of law and facts which need
investigation and decision on merit and hence, we are of
the view that an interim protection as sought for to be
given to the appellant .
Record reveals that this Court on earlier occasion
i.e., on 12th September, 2022 passed an order staying all
further proceedings in Title Execution Case no.40 of 2021
pending before the learned Civil Judge, Senior Division,
10th Court, Alipore.
Considering all the facts and circumstances, we are
inclined to extend the interim order passed by this Court
on 12th September, 2022 till disposal of the appeal.
The stay application, being IA No.: CAN 1 of 2022 is
hereby disposed of.
Let the hearing of the appeal be expedited.
As Mr. Ashis Kr. Datta, learned advocate, has
entered appearance on behalf of the respondent nos.1, 2,
5 and 6, service of notice of appeal upon the said
respondents is dispensed with.
The appellant is directed to put in the requisites
within one week after the Christmas Vacation for service
of notice of appeal upon all the respondents except the
respondent nos.1, 2, 5 and 6.
Lower court records be called for through Special
Messenger at the cost of the appellant. Such cost shall be
deposited by appellant within one week after the
Christmas Vacation.
Immediately, after arrival of 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 appearing for the appellant and the
respondents.
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 shall file the same after serving copies
thereof upon the learned advocates 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.
Liberty to mention after filing of the paper books.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties, upon compliance of
all requisite formalities.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)
