Sri Sasanka Sekhar Moyra vs Sri Sanjoy Moyra
2022 Latest Caselaw 6976 Cal

26.09.2022
Item No.22
Court No.32
Avijit Mitra
                                     FA 142 of 2022
                                          with
                                   IA No. CAN 1 of 2022

                                   Sri Sasanka Sekhar Moyra
                                       - Versus -
                                    Sri Sanjoy Moyra

                     Mr. Sounak Bhattacharya,
                     Mr. Sounak Mandal
                                           ....for the appellant
                     Mr. Sandip Das
                                           ....for the respondent

Affidavit of service filed by the appellant be kept on

record.

The present appeal has been preferred challenging

the judgment and decree dated 11 th April, 2022 passed by

the learned Civil Judge (Senior Division), Diamond

Harbour, South 24 Parganas in Title Suit No.310 of 2017.

In connection with the present appeal, an application for

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

Mr. Bhattacharya, learned advocate appearing for

the defendant/appellant submits that unless the interim

order as prayed for is passed, the appellant would suffer

severe prejudice and the appeal itself would become

infructuous.

Mr. Das, learned advocate appearing for the

respondent denies the contention of the appellant and

opposes the prayer for interim order.

We have been informed that the parties are in

possession of their respective portions in the suit property

which is the subject matter of a partition suit.

Upon hearing the learned advocates appearing for

the respective parties and considering the materials on

record, we dispose of the application being CAN 1 of 2022

directing that the commission proceedings shall continue

but the final decree shall not be passed till the disposal of

the appeal.

Let the hearing of the appeal be expedited.

As Mr. Das 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 appellant. Such costs shall

be deposited by the appellant within a week after the

vacation.

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

appellant.

The appellant is 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

appellant shall incorporate all the relevant documents in

the informal paper books.

Liberty to mention.

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