Sankar Roy Chowdhury vs Parimalendu Ghosal Chowdhury
2022 Latest Caselaw 4840 Cal

28.07.2022
 KC(6)

                                 S.A.T. 164 of 2020
                               Sankar Roy Chowdhury
                                      -versus-
                           Parimalendu Ghosal Chowdhury
                                        With
                                   CAN 1 of 2022



             Mr. Gopal Chandra Ghosh,
             Mr. D.N. Bose,
             Mr. Sujit Chowdhury..................For the appellant.


                   This intended second appeal from the judgment

             and decree dated 9th August, 2019                passed by the

             learned      Additional   District      Judge,     3rd   Court,

             Berhampore, Murshidabad in Title Appeal No. 06 of

             2018 affirming the judgment of the learned court below

             made on 29th November, 2017 is admitted on the

             following substantial questions of law:


                   (I)     Whether the appellant has any easement
                           right over the passage in question indicated
                           in a sketch map appended with the plaint,
                           with red coloured 'P' ?


                   (II)    Whether the learned courts below have
                           properly    appreciated     and     applied   the
                           correct law relating to easements applicable
                           to the facts and circumstances to this case?


                   Advocate-on-record for the appellant will cause to

             be served an appropriate notice of appeal on the

             respondents by 22nd August, 2022.

Transmission of lower court records is dispensed

with for the time being. We may call for those records if

required at the time of hearing of the appeal.

Advocate-on-record for the appellant will

prepare an informal paper book and file the same

in this Court by 6th September, 2022. A copy of the

paper book shall be served on the advocate-on-

record for the respondent at least seven days before

the date fixed for hearing of the appeal.

List the appeal for hearing on 26th September,

2022.

Re: CAN 1 of 2022.

Let this application be placed before the

appropriate learned single judge for consideration.

Let a copy of the application be served by the

advocate-on-record for the appellant on the

respondents.

In the meantime, till 12th August or until further

order, whichever is earlier, to be made by the learned

single judge, the parties shall maintain status quo with

regard to the above passage.

(I.P. MUKERJI, J.)

(SUBHENDU SAMANTA, J.)