7 Tapati Das & Anr vs Ranajit Chakraborty & Ors
2022 Latest Caselaw 3158 Cal

10    10.06.
 AG   2022
M/R
KB                                 C.O. 1247 of 2022
Ct
07                              Tapati Das & Anr
                                           Vs
                              Ranajit Chakraborty & Ors

               Ms. Sulekha Mitra,
               Mr. Manas Kumar Das,
                                         ... For the petitioners.


                      The subject matter of challenge in this revisional

               application is against an order admitting the Title

               Appeal No. 45 of 2019 passed by learned Additional

               District Judge, Bolpur.

                      Ms. Sulekha Mitra, learned advocate appearing

               for   the   petitioners/respondents   submits      that   the

present appeal has been preferred against the judgment

and decree passed by learned Civil Judge (Junior

Division), 1st Court, Bolpur in Title Suit No. 6 of 1992.

In such suit, there are as many as seven defendants.

Previously, an appeal was preferred challenging the

decree granted, in Title Appeal No. 26 of 2019, at the

instance of the parties coming under the category of

defendant No. 1. Such appeal could not be admitted by

the appellate Court by order dated 22nd November,

2019, giving liberty to appellant for taking proper steps,

so that the appeal does not suffer from party defects.

There was delay in preferring the appeal (Title

Appeal No. 26 of 2019), but the delay was condoned.

At the time of preferring the instant appeal

pursuant to the liberty being granted, no separate

application for condonation of delay has been filed, but

the Court below proceeded to admit the appeal, being

oblivious that condonation of delay granted to the

parties coming under the category of defendant No. 1

would not give any leave for automatic condonation of

delay to other appellants filing fresh appeal pertaining

to Title Appeal No. 45 of 2019.

An arguable point is this raised, which needs to

be addressed touching upon the merits of the case.

In the meantime, let there be an order, directing

stay of all further proceedings pending in Title Appeal

No. 45 of 2019 till the end of July 2022 or until further

order, whichever is earlier.

Petitioners are directed to serve the copy of the

application upon the opposite parties and their learned

advocates appearing in the Court below, by speed post

with A/D, and furnish affidavit of service on the next

returnable date.

Matter to appear in the list under the heading

'Adjourned Motion' in the third week of July 2022.

(Subhasis Dasgupta, J)