Raj Kumar Ghosh vs Saraswati Pal & Ors
2022 Latest Caselaw 6267 Cal

Dl.   September                F.A. 28 of 2019
23.    5, 2022
                               Raj Kumar Ghosh
                                           Vs.
                               Saraswati Pal & ors.


                               Re: CAN 2 of 2021 (stay)
                                   filed on December 7, 2021.

                               Mr. Probal Kumar Mukherjee,
                               Ms. Shaoni Dey,
                                           ...for the appellant.

                               This is an application for stay of operation of the

                  impugned judgment and decree dated March 20, 2012 passed by

                  the learned Civil Judge (Senior Division) at Burdwan in Title Suit

                  No. 88 of 2004.

                               An affidavit of service is filed wherefrom it appears

                  that this application was attempted to serve upon the respondents.

The appellant was successful in effecting service on the

respondents save and except Smt. Saraswati Pal and Smt. Krishna

Chowdhury.

Before we decide this application for stay, we take

into consideration that this appeal is pending for almost eight

years and the co-ordinate benches of this court have not granted

any stay.

As such, we direct the appellant to serve appropriate

notice along with a copy of this order on the respondents by

Wednesday next. In the event, the respondents are not represented

on the adjourned date, the prayer for stay shall be taken up for

consideration in their absence.

The matter stands adjourned till November 26, 2022.

The respondents no. 1, 3, 4 and 5 shall be entitled to

free legal services, in the event they approach the Calcutta High

Court Legal Services Committee.

( Soumen Sen, J. )

( Uday Kumar, J. ) dns