Ajoy Mondal & Anr vs Biswanath Mondal & Ors
2022 Latest Caselaw 839 Cal

10      25.02.2022                       FA 173 of 2019
                                                 with
Ct-08                     I.A No. CAN 1 of 2019 (Old No. CAN 8744 of 2019)

                                        Ajoy Mondal & Anr.
                                               Vs.
                                     Biswanath Mondal & Ors.
ar

                        Mr. Ratul Das
                                   ... For the Appellants

                                Re: CAN 1 of 2019 (Stay Application)

                        In spite of service of memorandum of appeal
                     along with stay petition, in view of our earlier
                     order, upon the respondents, they are not

represented, nor any accommodation is prayed for on their behalf.

Learned counsel appearing for the appellants undertakes to file affidavit of service in course of today.

We presume that non-appearance of the respondents, in spite of service, gives impression that they are not interested to oppose this application. In our earlier order we granted stay of operation of the impugned judgment and decree dated 31st May, 2019 on the reasons we have recorded in the said order. In view thereof, in absence of any material available on record we take contrary view at this stage and we confirm the interim order dated 1st February, 2022.

CAN 1 of 2019 is accordingly disposed of. Let the hearing of the appeal be expedited. Let the lower court's record of this case be called for by special messenger at the cost of the appellant. Such cost be put in within one week from date.

Immediately after arrival of the lower court's records 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 three weeks 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.)