7 Sri Satyabrata Seal & Anr vs Sri Madan Mohan Seal & Anr
2022 Latest Caselaw 3901 Cal

35    01.07.
 AG   2022
M/R
KB                               C.O. 1529 of 2021
Ct
07                           Sri Satyabrata Seal & Anr
                                        Vs
                           Sri Madan Mohan Seal & Anr

               Ms. Sohini Chakraborty,
                                    ... For the petitioners.

Ms. Sohini Chakraborty disputes with the

appellate decision rendered by the impugned order

submitting that there has been erroneous decision

reached by First Lower Appellate Court without

making perfect appreciation of the evidence adduced

in connection with order 9 Rule 13 CPC.

The ex parte decree obtained in connection with

eviction of a licensee is admittedly between uncle and

nephew. Non-appreciation of the evidence by the

Lower Appellate Court is the only ground taken to

assail the impugned order.

The point needs to be gone into upon securing

presence of the opposite parties.

In the meantime, let there be an order directing

stay of operation of the impugned judgment and order

passed in Miscellaneous Appeal No. 40 of 2021

together with Title Execution Case no. 9 of 2019

arising out of TS 123 of 2016 pending before learned

Civil Judge (Junior Division), 1st Court, Sealdah till

the end of August 2022, or until further order

whichever is earlier.

Petitioners are directed to serve the copy of this

application upon the opposite parties and their

learned advocate appearing in the Court below, by

speed post with A/D, and furnish affidavit of service

on the next returnable date.

Matter to appear in the list under the heading

'Adjourned Motion' in the third week of August, 2022.

(Subhasis Dasgupta, J)