Sri Kalyan Kumar Ghosh & Ors vs Sri Tapan Kumar Ghosh & Ors
2022 Latest Caselaw 6586 Cal

14.09.2022
Item No.28
Court No.32
Avijit Mitra
                               FAT 304 of 2020
                                      with
                              IA No. CAN 1 of 2022

                            Sri Kalyan Kumar Ghosh & ors.
                                    - Versus -
                             Sri Tapan Kumar Ghosh & ors.

                     Mr. Gopal Chandra Ghosh,
                     Ms. Jayeta Kaunda Mitra,
                     Mr. Rajkrishna Mandal
                                           ....for the appellants
                     Mr. Mainak Bose,
                     Mr. Gautam Das
                                           ....for the respondents

The present appeal has been preferred challenging

the judgment and decree dated 16th January, 2018

passed by the learned Civil Judge (Senior Division),

Sealdah in Title Suit No.40 of 2003. In connection with

the present appeal an application for stay being IA No.

CAN 1 of 2022 has been filed.

Mr. Ghosh, learned advocate appearing for the

appellants submits that the final decree has been passed

upon acceptance of a Commissioner's report, which is

incomplete and unless the interim order, as prayed for, is

passed, the appellants would suffer severe prejudice and

the present appeal would become infructuous.

Mr. Bose, learned advocate enters appearance on

behalf of the respondents and opposes the appellants'

prayer.

Heard the learned advocates appearing for the

respective parties and considered the averments made in

the stay application.

There shall be an interim order of status quo as

regards the possession of the respective parties over the

suit property, as on date, till the disposal of the appeal.

The parties are also restrained from changing the nature

and character of the suit property, in any manner

whatsoever, till the disposal of the appeal.

The application being CAN 1 of 2022 is disposed of.

Let the hearing of the appeal be expedited.

As Mr. Bose, learned advocate has entered

appearance on behalf of the respondents, service of notice of

appeal upon the said respondents is 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.)