Calcutta High Court (Appellete Side)
Sheikh Riyajuddin & Ors vs Subhash Mondal & Ors on 8 March, 2022
08.03.2022
Sl.8 (Via Video Conference)
Ct.No. 03
Amalranjan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
FAT 489 of 2016
With
CAN 1 of 2016 (Old CAN 9662 of 2016)
(stay/injunction)
With
CAN 2 of 2018
(Old CAN 5520 of 2018)
With
CAN 3 of 2019
(Old CAN 27 of 2019)
Sheikh Riyajuddin & Ors.
Vs.
Subhash Mondal & Ors.
Mr. Ashok Kumar Banerjee, Sr. Adv.
Mr. Rahul Karmakar
Ms. Gargi Goswami
... for the plaintiffs/appellants
This appeal is arising from a partition suit.
The impugned judgment and decree dated June
18, 2016 and June 27, 2016 passed in Title Suit
No. 70 of 2015, whereby, the partition suit stood
dismissed.
The appeal is of 2016.
The appeal stands admitted.
Re: CAN 2 of 2018 (Old CAN 5520 of 2018)
(substitution)
This is an application for recording of death
of the respondent no. 16 and the necessary
substitution in his place and stead in the appeal.
His legal heirs and representatives are
mentioned and named in paragraph 8 of the said
application. The respondent no. 16 died on
January 10, 2018.
This application was taken out on or about
July 11, 2018.
From the averments made in the said
application it appears that sufficient cause has
been shown in filing the said delayed application
for substitution.
Accordingly, the delay of 30 days in filing
the substitution application stands condoned.
The abatement, if any, stands set aside.
In view of the above, the death of the
respondent no. 16 is directed to be recorded in
the records of the appeal wherever it is
necessary. The legal heirs and representatives of
the respondent no. 16 as mentioned in
paragraph 8 of the substitution application be
substituted accordingly.
The department is directed to carry out the
amendments to cause such substitution in the
records of the appeal wherever it is necessary
within three weeks of communication of this
order.
The advocate on record for the applicants
shall serve a copy of the amended cause title on
the advocate on record for the respondents/ the
substituted added respondents.
The application CAN 2 of 2018 (Old CAN
5520 of 2018) is, thus, disposed of.
Re: CAN 3 of 2019 (Old CAN 27 of 2019)
This is an application for recording of death
of the respondent no. 10 and the necessary
substitution in his place and stead in the appeal.
The legal heirs and representatives are
mentioned and named in paragraph 9 of the said
application. The respondent no. 10 died on July
20, 2017.
This application was taken out on or about
January 2, 2019.
From the averments made in the said
application it appears that sufficient cause has
been shown in filing the said delayed application
for substitution.
Accordingly, the delay of 381 days in filing
the substitution application stands condoned.
The abatement, if any, stands set aside.
In view of the above, the death of the
respondent no. 10 is directed to be recorded in
the records of the appeal and wherever it is
necessary. The legal heirs and representatives
of the respondent no. 10 as mentioned in
paragraph 9 of the substitution application be
substituted accordingly.
The department is directed to carry out the
amendments to cause such substitution in the
records of the appeal wherever it is necessary
within three weeks of communication of this
order.
The advocate on record for the applicants
shall serve a copy of the amended cause title on
the advocate on record for the respondents/ the
substituted added respondents.
The application CAN 3 of 2019 (Old CAN
27 of 2019) is, thus, disposed of.
Re: CAN 1 of 2016(Old CAN 9662 of 2016)
In
FAT 489 of 2016
Since the appeal has already been stands
admitted as mentioned hereinabove, we are
minded to expedite the appeal for hearing by
dispensing with the transmission of the lower
court records, for the time being. We shall only
call for them if and when required.
As the respondents are not appearing, a
notice of appeal be issued and served by this
court by March 31st, 2022.
The advocate on record for the appellants is
to prepare and file the requisite number of
informal paper books by April 11, 2022, serving
at least one copy thereof on the advocate on
record for the respondents not later than 5 days
before the date of hearing of the appeal.
All other formalities regarding preparation of
paper books are dispensed with.
In view of the above, the stay/injunction
application (CAN 1 of 2016(Old CAN 9662 of
2016) also stands disposed of.
List this appeal (FAT 489 of 2016) for
hearing on April 25, 2022.
( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )
