Sarada Charan Kapas vs Subhendu Sekhar Kapas And Ors
2022 Latest Caselaw 4017 Cal

06.07.2022
 KC(26)

                                 S.A.T. 133 of 2021
                                Sarada Charan Kapas
                                      -versus-
                           Subhendu Sekhar Kapas and Ors.
                                        With
                                   CAN 1 of 2022




             Mr. Haradhan Banerjee,
             Mr. Amitava Pain,
             Mr. Partha Pratim Mukhopadhyay.....For the appellant.



                   This second appeal from the judgment and decree

             dated 29th September, 2021 passed by the learned Civil

             Judge, Senior Division, Ghatal, Paschim Medinipur in

             Title Appeal No. 21 of 1990 is admitted on the following

             questions of law:

                   (I)      Whether the impugned order dis-allowing
                            the plaintiff/appellant to adduce evidence
                            to prove the averments in the amended
                            plaint, is patently erroneous and perverse?


                   (II)     Whether the finding of the learned judge
                            that Kamala Charan and Chandi Charan
                            did not accept the gift, is erroneous on the
                            face of the record and perverse?


                   (III)    Whether the finding of the learned judge
                            contrary to the case of the appellant that
                            the names of Kamala Charan and Chandi
                            Charan found place as donee in the deed of
                            gift by mistake, is also patently erroneous
                            and perverse?
                                2




        Advocate-on-record for the appellant will cause to

be served an appropriate notice of appeal on the

respondents by 29th July, 2022.

The lower court records be transmitted to this

court by special messenger at the cost of the appellant

by 18th August, 2022.

Advocate-on-record for the appellant will

prepare an informal paper book and file the same

in this Court by 8th September, 2022. A copy of the

paper book shall be served on the advocate-on-

record for the respondents at least seven days before

the date fixed for hearing of the appeal.

List the appeal for hearing on 20th September,

2022.

Re: CAN 1 of 2022.

Mr. Banerjee, learned advocate for the appellant

submits before us that this court has the power to pass

a limited interim order and refer the matter to the

learned single judge for its continuation.

Accepting such submission, we direct that the

parties shall maintain status quo with regard to

ownership and possession of the subject property till

22nd July, 2022 or until further orders, whichever is

earlier.

Let this application be placed before the learned

single judge on 14th July, 2022.

Advocate-on-record for the appellant shall serve a

copy of this application upon the respondents and file

an affidavit of service before the returnable date.

We make it clear that this interim order will

automatically expire on 22nd July, 2022.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)