Sri Sourendra Dey vs Sri Pulak Dey & Anr
2022 Latest Caselaw 8280 Cal

S/L 3
13.12.2022

Court No.652 SD CO 210 of 2021

Sri Sourendra Dey Vs.

Sri Pulak Dey & Anr.

Mr. Tanmoy Mukherjee Mr. Manoranjan Jana Mr. K. R. Ahmed ... for the Petitioner.

Mr. Saptorshi Kumar Mal ... for the Opposite Parties.

Mr. Tanmoy Mukherjee, learned counsel appearing

on behalf of the petitioner, submits that the issue involved in

the present case has been referred before a Larger Bench by

a coordinate Bench of this Court in CO 785 of 2021 and as

such, the interim order should continue and the matter

should go out of list for the time being till decision comes

from the Larger Bench.

Mr. Saptorshi Kumar Mal, learned counsel appearing

on behalf of the opposite parties, vehemently opposed the

said prayer and contended that the said issue is no longer res

integra and in this connection he relied upon Apex Court

judgment reported in (2022) 7 SCC 147 (Abdul Matin

Mallick vs. Subrata Bhattacharjee (Banerjee) & Ors.).

In the above backdrop, let the matter appear for

hearing on January 18, 2023.

Interim order, granted earlier, is re-imposed for a

period of eight weeks or until further order whichever is

earlier.

(Ajoy Kumar Mukherjee, J.)