Calcutta High Court (Appellete Side)
Smt. Gita Palai & Anr vs Sri Sudarshan Palai & Ors on 20 September, 2022
20.09.2022
Item No.15
Court No.32
Avijit Mitra
FAT 58 of 2020
with
IA No. CAN 1 of 2022
Smt. Gita Palai & anr.
- Versus -
Sri Sudarshan Palai & ors.
Mr. Sovan Bera,
Ms. Puja Beriwal
....for the appellants
Mr. Samiran Giri
....for the respondent no.1
Mr. Anup Dasgupta
....for the respondent no.3
The present appeal has been preferred challenging
the judgment and decree dated 25 th September, 2019
passed by the learned Civil Judge (Senior Division), 2 nd
Court, Tamluk, Purba Medinipur in Other Suit being O.S.
No.101 of 2017. In connection with the present appeal,
an application, being IA No. CAN 1 of 2022 has been filed
praying for stay of operation of impugned judgment.
Ms. Beriwal, learned advocate appearing for the
appellants submits that the appellants are the
purchasers/defendants of the suit property. For
execution of the judgment and decree, an execution case
being O.Ex. 1 of 2020 has already been filed before the
learned Court below and unless the interim order, as
prayed for, is passed, the appellants would suffer severe
prejudice and the present appeal would become
infructuous.
Such contention of Ms. Beriwal has, however, been
opposed by Mr. Giri, learned advocate appearing for the
respondent no.1 placing reliance upon the depositions of
the witnesses.
Having heard the learned advocates appearing for
the respective parties and considering the materials on
record, we are of the opinion that refusal of the interim
order, as prayed for, may lead to multiplicity of
proceedings.
In view thereof, there shall be an interim order of
stay of all further proceedings of the execution case being
O.Ex. 1 of 2020 pending before learned Civil Judge
(Senior Division), 2nd Court, Tamluk, Purba Medinipur till
the disposal of the appeal.
There shall be a further interim order restraining
the parties from changing the nature and character of the
suit property and from creating any third party interest in
the same, in any manner whatsoever, till the disposal of
the appeal.
The application being CAN 1 of 2022 is,
accordingly, disposed of.
Let the hearing of the appeal be expedited.
Records reveal that the name of the respondent
no.2 had already been expunged. As the respondent nos.1
and 3 are represented by Mr. Giri and Mr. Dasgupta
respectively, 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 advocates 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.)
