Sg vs Ct. 8 Prasanta Kumar Ghosh & Ors
2022 Latest Caselaw 7619 Cal

                                               FA 322 of 2014
Item-2.                             CAN 2 of 2014 (old CAN 5450 of 2014)
          17-11-2022

                                            Decent Estates Pvt. Ltd.
  sg                                               Versus
            Ct. 8                      Prasanta Kumar Ghosh & Ors.


                             Mr. Bhaskar Ghose, Sr. Adv.
                             Mr. Swapan Kr. Datta, Sr. Adv.
                             Mr. Sambuddha Dutta, Adv.
                                                         ...for the appellant
                             Mr. Aryak Dutt, Adv.
                             Mr. Dipankar Das, Adv.
                                                         ...for the respondent no.2

In Re: CAN 2 of 2014 (old CAN 5450 of 2014)

The appeal is arising out of a judgment and decree in a suit

for declaration, injunction, recovery of possession and specific

performance. The suit was decreed by the learned Civil Judge

(Senior Division), 4th Court at Alipore on 30th June, 2011.

However, no substantial progress has been made in the appeal.

The learned Counsel representing the decree-holder has

submitted that in view of the pendency of the appeal, the decree

was not put to execution.

In view thereof, we dispose of the stay petition by

restraining the parties from selling, transferring, letting out and/or

changing the nature and character of the suit property.

The order of injunction passed by the learned Trial Court in

respect of the property in question shall continue till the disposal

of the appeal. T

The decree shall not be put into execution without the leave

of the Court.

CAN 2 of 2014 (old CAN 5450 of 2014) is thus, disposed

of.

In Re: FA 322 of 2014

Lower Court records of this case be called for by special

messenger within two weeks from the date of deposit of the special

messenger cost by the appellant. The appellant shall pay the special

messenger costs within one week from date, failing which the

appeal shall be put up for final order.

In view of the fact that notice of appeal has already been

served upon Mr. Dipankar Das, learned Advocate representing the

respondent no.2, service of notice of appeal is dispensed with and

the appeal shall be treated as ready as regards service.

A copy of the memorandum of appeal shall be served upon

Mr. Dipankar Das by tomorrow.

After arrival of the lower Court records, office shall

examine the same and if found complete, shall serve notice of

arrival of lower Court record on the learned Advocate for the

appellant at once.

The appellant is directed to prepare and file requisite

number of informal paper books incorporating all the papers used

before the Court below - printed, typewritten or cyclostyled with

proper index - as the case may, out of Court within four weeks from

the date of receipt of notice of arrival of lower court records.

The appeal shall be listed fairly at the top in the monthly

combined list of February, 2023.

  (Uday Kumar, J.)                                 (Soumen Sen, J.)