Smt. Kabita Haldar & Ors vs Ar Sree Sree Radha Gobinda Jew & Anr
2022 Latest Caselaw 532 Cal

11      14.02.2021                        FMAT 661 of 2021
                                                    with
Ct-08                                      I.A No. CAN 1 of 2021
                                               CAN 2 of 2021

                                       Smt. Kabita Haldar & Ors.
                                                  Vs.
ar                                Sree Sree Radha Gobinda Jew & Anr.

                            Mr. Rajarshi Dutta
                            Mr. Sudeep Pal Choudhury
                                        ... For the Appellants


                            In spite of service, the respondent no. 2 is not

represented, nor any accommodation is prayed for.

Seen the report of the Stamp Reporter dated November 17, 2021.

In view of the report of the Stamp Reporter, learned advocate on record for the appellants is directed to classify the appeal as FAT instead of 'FMAT' so as to enable the department to take necessary steps. Such defect should be removed from ten days from date.

Re: CAN 1 of 2021 (Section 5)

The Stamp Reporter reported that the appeal is delayed by 1131 days in preferring the appeal. An application for condonation of delay has been filed.

The trial court dismissed the suit on jurisdictional issue. However, in disposing of the said suit the trial court has observed other issues, which may have an ultimate bearing at the time of disposal of the suit. The delay was caused by the reason of the fact that the appellants in difference of the said judgment filed an application under Trust Act being A.T.A No. 1 of 2021, which was dismissed as withdrawn on

22nd February, 2021. Thereafter, this appeal has been filed.

We satisfied with the aforesaid reason in preferring the appeal.

The application for condonation of delay being CAN 1 of 2021 is thus allowed without, however, no order as to costs.

Re: CAN 2 of 2021 (Stay)

After hearing Mr. Rajarshi Dutta, learned counsel appearing on behalf of the appellants we find that there is no scope to pass any interim order at this stage.

CAN 2 of 2021 is thus disposed of. Let the hearing of the appeal be expedited. Let the lower court's record of this case be called for at once.

Immediately after arrival of the lower court's record office shall examine the same and, if found complete, shall serve notice of arrival of lower court's record on the learned advocate for the appellants at once.

The appellants are given liberty to prepare and file requisite number of paper books - printed, typewritten or cyclostyled, as the case may be - within a period of two months from the date of service of notice of arrival of lower court's record on the learned advocate for the appellants.

Liberty to mention the appeal for early hearing after the same becomes ready. There will be no order as to costs.

(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)