Kanhaiya Lal Surana vs Smt. Angurbala Majumder & Ors
2022 Latest Caselaw 287 Cal

03.02.2022
Sl. 10             (Via Video Conference)
Ct.No. 03
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                       FA 38 of 2009

                            With
                       CAN 4 of 2020
                     (Old 2530 of 2020)


                    Kanhaiya Lal Surana
                            Vs.
              Smt. Angurbala Majumder & Ors.


             Mr. Prabir Kumar Misra
             Mr. Shibendra Nath Chattropadhyay
             Mr. Priyam Misra
                                       ...for the respondents

Re: CAN 4 of 2020, Old CAN 2530 of 2020

The impugned judgment and decree was

made on 21st May, 2008 by the learned court

below. This appeal was filed in the same year.

The records say that on 10th February, 2009

an order was passed by this court, inter alia,

directing the appellant to file informal paper

books within 2 months from the date of service

of the notice of arrival of the lower court records.

In default of filing of such paper books, the

appeal would stand dismissed. Concurrently,

this court ordered stay of all further proceedings

in execution.

By this application (CAN 4 of 2020, Old CAN

2530 of 2020) the respondents pray for vacation

of the order of stay of execution of the eviction

decree.

None appears for the appellant.

We direct that this appeal and the

connected application appear in the list on 16th

February, 2022 in the same position.

On that day, the department will file a

report in this court stating whether the lower

court records have arrived, and if so, whether

the notice of arrival of the records was issued

and served on the appellant? Also, if such notice

was served whether the appellant has filed the

paper books in terms of the order dated 10th

February, 2009.

If the report of the department indicates

that in spite of arrival of records and due service

of notice of such arrival, the appellant has taken

no steps to file the paper books, on the next day

we would seriously consider dismissing the

appeal for non-prosecution.

The advocate on record for the respondents

will issue a notice to the appellant informing

them the gist of this order. He shall also

reiterate the prayer made by learned counsel for

the respondents in court that he would also be

praying for occupational charges to be paid by

the appellant for occupation of the subject

premises from the date of the decree.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )