Sri Prithis Nandi & Ors vs Sri Hrishikesh Pramanik
2022 Latest Caselaw 4817 Cal

26.07.2022
 SL No.15
Court No.8
    (gc)


                           SA 530 of 2009

                     Sri Prithis Nandi & Ors.
                                Vs.
                     Sri Hrishikesh Pramanik

                                     Mr. Asok Kumar Jana,
                                     Mr. Krishna Deo Das,
                                                  ...for the Appellants.
                                     Mr. Animesh Paul,
                                               ...for the Respondents.

After hearing the learned Counsel for the

appellants, the second appeal is admitted on the

following questions of law:-

1. Whether both the Courts below have erred substantially in law relying upon the order passed by the High Court in C.O. No.3512(W) of 1992 in deciding the suit between the parties?

2. Whether both the Courts relying upon phrase "possession in the meantime" in respect of plot No.843 forming the subject matter of C.O. No.3512(W) of 1992 would have dismissed the suit once both the Courts have arrived at a finding that the defendant is a defaulter?

3. Whether the judgments under appeal were passed on irrelevant consideration and by overlooking material facts?

Let the Lower Court's Records of this case be called

for immediately by Special Messenger at the costs of the

appellants. Such costs are to be deposited within ten

days from date.

After arrival of the Lower Court's Records, the office

shall examine the same and shall issue notice of arrival

of Lower Court's Records on the learned Advocate for

the appellants at once.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)