Smt. Gouri Chakraborty Alias ... vs Smt. Jyotsna Mazumdar & Another
2022 Latest Caselaw 6347 Cal

07.09.2022
 Court No.32
  rpan/11
                               FAT 2 of 2022
                                       +
                  IA No.: CAN 1 of 2019 (Old No.: CAN 5991 of 2019)
                                       +
                            IA No.: CAN 3 of 2022
                    Smt. Gouri Chakraborty alias Malakar
                                   - Versus -
                      Smt. Jyotsna Mazumdar & Another

                         Mr. Pinaki Ranjan Mitra,
                         Mr. Joydip Basu
                                      ... for the Appellant.
                         Mr. Haradhan Banerjee,
                         Mr. Partha Pratim Mukhopadhyay,
                         Mr. Nilmoni Das
                                     ... for the Respondent No.1.

The present appeal has been preferred challenging

the judgment and decree dated 30th March, 2019 and 10th

April, 2019 respectively passed by the learned Civil Judge

(Senior Division), 3rd Court, Howrah in Title Suit no.159

of 2009.

In connection with the present appeal, an

application for stay, being IA No.: CAN 3 of 2022 has been

filed by the appellant.

Records reveal that the matter was repeatedly

adjourned, as it was submitted that the parties were

exploring the possibility of settlement. However, we have

been informed by Mr. Mitra, learned advocate appearing for

the appellant and Mr. Banerjee, learned advocate appearing

for the plaintiff/respondent no.1 that such attempt has

failed.

Mr. Mitra further submits that the respondent no.1

has already preferred a Title Execution Case, being no.8 of

2020 before the learned Civil Judge (Senior Division), 3 rd

Court, Howrah and unless the proceedings in the said

title execution case is stayed, the appeal itself would

become infructuous.

We have been informed that the lower court

records have already arrived and paper books have also

been filed.

In view thereof, list the appeal for final hearing in

the daily supplementary list of this Court on 10th

November, 2022.

All further proceedings in the Title Execution Case

no.8 of 2020, pending before the learned Civil Judge

(Senior Division), 3rd Court, Howrah, shall remain stayed

till the end of November, 2022 or until further order

whichever is earlier.

Mr. Mitra, learned advocate for the appellant

submits that the application for injunction, being IA No.:

CAN 1 of 2019 (Old No.: CAN 5991 of 2019) has now

become infructuous. In view thereof, the said application

is dismissed.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance

of all requisite formalities.

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