Jahida Bewa & Ors vs Jakera Khatun & Ors
2022 Latest Caselaw 6309 Cal

06.09.2022
Item No.12
Court No.32
Avijit Mitra
                                 FAT 95 of 2022
                                       with
                                IA No. CAN 1 of 2022

                                 Jahida Bewa & ors.
                                    - Versus -
                                 Jakera Khatun & ors.

                     Mr. Pinaki Dhole,
                     Mr. Debjit Bhattacharyya
                                               ....for the appellants
                     Mr. Partha Pratim Roy,
                     Mr. Lutful Haque
                              ....for the respondent nos. 1(ka), 1(kha), 1

(ga), 1(gha), 2 & 3

Affidavit of service filed by the appellants be kept on

record.

The present appeal has been preferred challenging

the judgment and decree dated 23rd December, 2021

passed by the learned Civil Judge (Senior Division),

Chanchal, Malda in Title Suit No.57 of 2013. In

connection with the present appeal an application for stay

being IA No. CAN 1 of 2022 has been filed.

Mr. Dhole, learned advocate appearing for the

appellants/defendants submits that the partition

commissioner has already been appointed and the denial

of the interim order, as prayed for, may lead to

multiplicity of proceedings and would cause severe

prejudice to the appellants.

Mr. Roy, learned advocate enters appearance for

the plaintiffs/respondent nos.1(ka), 1(kha), 1 (ga), 1(gha),

2 and 3 and opposes the appellants' prayer. He submits

that the proforma respondent nos. 4 to 37 in the present

appeal did not file any written statement and did not

contest the suit.

Having heard the learned advocates appearing for

the respective parties and considering the materials on

record, we direct that the partition work may continue.

However, no final decree shall be passed till the disposal

of the present appeal.

With the aforesaid direction, the application being

CAN 1 of 2022 is disposed of.

Let the hearing of the appeal be expedited.

The suit was decreed ex parte against the proforma

respondent nos. 4 to 37. They did not file written statement

and did not contest the suit. In view thereof, the service of

notice of appeal upon the said respondents is dispensed

with.

As Mr. Haque, learned advocate has entered

appearance on behalf of the respondent nos. 1 (ka) to 1

(gha), 2 and 3, service of notice of appeal upon the said

respondents is also dispensed with.

Lower Court Records be called for through Special

Messenger at the cost of the appellants. Such costs shall be

deposited by the appellants within two weeks from date.

Immediately, after arrival of the Lower Court Records,

the office shall examine the same and, if found complete,

shall issue notice of arrival of Lower Court Records to the

learned advocate appearing for the appellants.

The appellants are directed to prepare requisite

number of informal paper books-printed, typewritten or

cyclostyled, as the case may be, out of Court, within four

weeks from the date of service of notice of arrival of Lower

Court Records and to file the same after serving copies

thereof upon the learned advocate appearing for the

respondents.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellants shall incorporate all the relevant documents in

the informal paper books.

Liberty to mention.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)