Sri Rabindra Nath Mondal & Ors vs Lakshmikanta Parmanya & Ors
2022 Latest Caselaw 4841 Cal

28.07.2022
Item No.08
Court No.32
 Avijit Mitra
                             FAT 84 of 2022
                                 with
                            IA No. CAN 1 of 2022


                            Sri Rabindra Nath Mondal & ors.
                                  - Versus -
                            Lakshmikanta Parmanya & ors.

                      Mr. Partha Sarathi Roy,
                      Mr. Dyutiman Banerjee
                                  ....for the appellants
                      Ms. Kabita Rani
                                  ...for the respondents

The present appeal has been preferred challenging

the judgment and decree dated 3rd March, 2022 passed

by the learned Judge (Senior Division), Basirhat, North

24 Parganas in Title Suit No.110 of 2018. In connection

with the appeal, an application for stay being IA No. CAN

1 of 2022, has also been preferred.

Mr. Roy, learned advocate appearing for the

appellants submits that during pendency of the present

appeal, a Title Execution Case No.3 of 2021 has already

been preferred by the respondents before the learned

Judge (Senior Division), Basirhat, North 24 Parganas and

unless the interim order, as prayed for, is passed, the

appellants would suffer serious prejudice.

Ms. Rani, learned advocate appearing for the

respondents submits that the appellants are illegally

possessing the land since the year 2006 and that there is

no merit in the present appeal.

Upon hearing the learned advocates appearing for

the respective parties and upon considering the materials

on record, we are of the opinion that it would be

appropriate to grant an interim stay on reasonable

terms.

There shall be an unconditional stay of all further

proceedings in Title Execution Case No.3 of 2022 for a

period of four weeks from date.

The appellants are directed to deposit a sum of Rs.

10,00,000/- (Rupees Ten Lakh) only with the Registrar

General, High Court, Calcutta within the aforesaid period

of four weeks from date.

In the event such amount is deposited, the

Registrar General shall invest the said amount in a

suitable interest bearing fixed deposit with any

nationalized bank of his choice and such deposit will be

kept renewed until disposal of the present application for

stay.

In the event, the said amount is deposited within

the aforesaid period, the order of stay shall continue till

the disposal of the present application for stay.

In the event, the said amount is not deposited

within the aforesaid period, the respondents would be at

liberty to proceed with the title execution case.

The respondents would be at liberty to file their

affidavit-in-opposition to the said application within a

period of four weeks. Reply thereto, if any, be filed within

four weeks thereafter.

The parties would be at liberty to mention the

matter for enlistment after expiry of the period as fixed

above towards exchange of affidavits.

Urgent photostat certified copy of this order, if

applied for, be given to the learned advocates for the

parties.

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