Calcutta High Court (Appellete Side)
Ajaharul Haque & Tulu & Anr vs Sg Ct. 8 Majimul Haque & Ors on 12 September, 2022
FA 163 of 2017
Items- CAN 1 of 2016 (old CAN 4264 of 2016)
12-09-2022
6&7.
Ajaharul Haque & Tulu & Anr.
Versus
sg Ct. 8 Majimul Haque & Ors.
(Md. Hosenur Islam since deceased)
With
FA 150 of 2015
CAN 1 of 2015 (old CAN 9713 of 2015)
CAN 2 of 2016 (old CAN 7960 of 2016)
CAN 3 of 2016 (old CAN 7961 of 2016)
CAN 4 of 2016 (old CAN 7981 of 2016)
Mohammed Hasenur Islam & Ors.
Versus
Azaharul Haque @ Tulu & Ors.
Mr. Anindya Bose, Adv.
Mr. Vishak Bhattacharya, Adv.
Mr. Diptendu Mandal, Adv.
...for the appellants in FA 163/2017
Mr. Ranjan Kali, Adv.
Mr. Anil Kumar Bhunia, Adv.
...for the appellants in FA 150/2015
The department has reported that the LCR has arrived.
The appellants as well as the respondents are aggrieved by
the order impugned.
The appeals are required to be heard on merits.
The appellants in FA 163 of 2017 are directed to file paper
books on order before 30th November, 2022.
Since both the appeals are arising out of a common
judgment, there may not be any need to file separate paper book in
FA 150 of 2015.
The appeal is ready as regards service.
The final decree proceeding may continue. However, no
final decree shall be drawn up without the leave of the Court.
Both the appeals shall be listed in the monthly combined list
of December, 2022.
In Re: CAN 1 of 2016 (old CAN 4264 of 2016)
The parties are restrained from changing the nature,
character and possession of the suit properties till the disposal of
the appeal being FA No. 163 of 2017.
CAN 1 of 2016 (old CAN 4264 of 2016) is, accordingly,
disposed of.
In Re: CAN 2 of 2016 (old CAN 7960 of 2016)
This is an application for substitution of the defendant no.3
who died intestate on 25th May, 2016 during the penency of the
appeal leaving behind the legal heirs and representatives
mentioned in paragraph 2 of the petition. All the proposed
substituted legal heirs are major, sui juries and right to sue
survives. The principal defendant no.3 is respondent no.8 in this
application.
Under such circumstances, the application for substitution is
allowed and CAN 2 of 2016 (old CAN 7960 of 2016) is disposed
of.
The department is directed to amend the memorandum of
appeal and connected applications by incorporating the names of
the proposed substituted legal heirs and representatives of the
respondent no.3 in place and in stead of the principal
defendant/respondent no.3 (respondent no.8 in this application)
within ten days from date.
An amended copy of memorandum of appeal shall be served
upon Mr. Anil Kumar Bhunia, learned Advocate representing the
appellants in the appeal.
In Re: CAN 4 of 2016 (old CAN 7981 of 2016) and CAN 3
of 2016 (old CAN 7961 of 2016)
CAN 4 of 2016 (old CAN 7981 of 2016) is the application
for condonation of delay in filing CAN 3 of 2016.
There is a delay of 16 days in filing the application for
substitution. Sufficient cause being shown for not being able to
file the application for substitution within the period of limitation,
we condone the delay in filing the application for substitution.
CAN 3 of 2016 (old CAN 7961 of 2016) is the application
for substitution of the legal heirs and representatives of the
proforma respondent no.7 who died intestate on 20th April, 2016
during the penency of the appeal leaving behind the legal heirs
and representatives mentioned in paragraph 2 of the petition. All
the proposed substituted legal heirs are major, sui juries and right
to sue survives.
In view thereof, this application for substitution is allowed.
The department is directed to record the death of the
proforma respondent no.7 and bring on record the legal heirs of
the said proforma respondent no.7 as described in paragraph 2 of
the petition.
CAN 4 of 2016 (old CAN 7981 of 2016) and CAN 3 of
2016 (old CAN 7961 of 2016) are, accordingly, disposed of.
The department is directed to amend the memorandum of
appeal and connected applications by incorporating the names of
the proposed substituted legal heirs and representatives of the
proforma respondent no.7 in is place and in stead within ten days
from date.
An amended copy of memorandum of appeal shall be served
upon Mr. Anil Kumar Bhunia, learned Advocate representing the
appellants in the appeal.
In Re: CAN 1 of 2015 (old CAN 9713 of 2015)
The parties are restrained from changing the nature,
character and possession of the suit properties till the disposal of
the appeal being FA 150 of 2015.
CAN 1 of 2015 (old CAN 9713 of 2015) is, accordingly,
disposed of.
(Uday Kumar, J.) (Soumen Sen, J.)
