(Bithi Biswas vs Smt. Sharmistha
2022 Latest Caselaw 4735 Cal

    2
25.07.2022
Ct. No. 32
   rrc


                                 FA 131 of 2022
                                      with
                              IA No. CAN 1 of 2022

                          (Bithi Biswas Vs. Smt. Sharmistha
                                    Bhattacharjee)

                Mr. Dipayan Kundu
                                          ..... For the appellant
                Mr. Supriya Ranjan Saha
                Ms. Priyanka Das
                                           .... For the respondent

The present appeal has been preferred challenging

the judgment and decree dated 21st March, 2022 passed

by the learned Judge, VIIth Bench, Civil Court at

Calcutta in O.C. Case No. 03 of 2017. In connection with

the appeal, an application for stay being CAN No. 1 of

2022 has been filed.

Heard Mr. Kundu, learned advocate appearing for the

appellant.

Mr. Saha, learned advocate appearing for the

respondent submits that the respondent is residing in

the flat in question.

Upon hearing the learned advocates and considering

the materials on record, we direct that the respondent

shall not deal with the property and/or create any third

party right over the same without the leave of the Court.

The application for stay being CAN 1 of 2022 is,

accordingly, disposed of.

Let the hearing of the appeal be expedited.

As Mr. Saha has entered appearance on behalf of the

sole respondent, service of notice of appeal upon the said

respondent 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.

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 a

copy upon the Mr. Saha.

All formalities regarding preparation of paper books

are dispensed with but Mr. Kundu, learned advocate for

the appellant is directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

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