Mrs. Sonali Majumder vs Sri Jyotirmoy Pal Chaudhuri & Ors
2022 Latest Caselaw 4662 Cal

22.07.2022
Item No. 21
Court No.32
Avijit Mitra




                            FAT 200 of 2019
       with
               IA No. CAN 1 of 2019 (Old No.CAN 4632 of 2019)
       with
                     IA No. CAN 2 of 2022

                     Mrs. Sonali Majumder
                                 -vs-
                 Sri Jyotirmoy Pal Chaudhuri & ors.



                     Mr. Bhaskar Ghosh, Sr. Adv.,
                     Ms. Manasi Bhattacharyya,
                     Mr. Sibasis Ghosh
                                      ....for the appellant
                     Mr. Utpal Basu, Sr. Adv.,
                     Mr. Subhransu Ganguly,
                     Mr. H. Chakraborty
                                      ....for the respondent no.1

The present appeal has been preferred challenging

the judgment and decree dated 21st December, 2018,

passed by the learned Civil Judge (Senior Division), 9 th

Court, Alipore in Money Suit No.28948 of 2012. In

connection with the appeal, an application for stay

being CAN 4632 of 2019 and an application under

Order XLI Rule 27 of the Code of Civil Procedure, being

CAN 2 of 2022, have been filed.

Mr. Ghosh, learned senior advocate appears for the

appellant and submits, upon instruction, that the

appellant does not want to proceed with the stay

application at present.

It is, however, made clear that the pendency of the

said application for stay shall not prevent the respondent

no.1 from proceeding with the execution case.

The other application filed under Order XLI Rule 27

of the Code being CAN 2 of 2022 shall be heard along with

the appeal.

Let the hearing of the appeal be expedited.

The appellant is directed to put in the requisites for

service of notice of the appeal upon all the respondents

save and except the respondent no.1, for whom Mr. Basu

has entered appearance and as such, service of notice of

appeal upon the said respondent no.1 is dispensed with.

Lower Court Records be called for through Special

Messenger at the cost of the appellant. Such costs shall

be deposited within two weeks from date.

Immediately, after arrival of the Lower Court

Records, the office shall examine the same and, if found

complete, shall issue notice of arrival of Lower Court

Records to the learned advocates appearing for the

appellant and the respondents.

The appellant is directed to prepare requisite

number of informal paper books-printed, typewritten or

cyclostyled, as the case may be, out of Court, within four

weeks from the date of service of notice of arrival of Lower

Court Records and to file the same after serving copies

thereof upon the learned advocates appearing for the

respondents.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellant shall incorporate all the relevant documents in

the informal paper books.

Liberty to mention.

(Raja Basu Chowdhury,J.) (Tapabrata Chakraborty J.)