(Mrityunjoy Chakraborty & Ors vs Sujoy
2023 Latest Caselaw 2400 Cal

    6
10.04.2023
Ct. No. 32
   rrc


                                FA 21 of 2020
                                     with
               IA No. CAN 2 of 2018 (Old No. CAN 6396 of 2018)

                       (Mrityunjoy Chakraborty & Ors. Vs. Sujoy
                                Chakraborty & Anr.)


                Mr. Supriyo Chattopadhyay
                                        .... For the appellants

                Ms. Anyasha Das
                                      ..... For the plaintiff/respondent

no. 1

Re: CAN 2 of 2018 (Old No. CAN 6396 of 2018)

This application has been filed praying for stay of

operation of the judgment and decree impugned in the

present appeal.

By the impugned judgment, the suit was decreed in

preliminary form declaring the shares of the parties in

respect of the suit properties.

Mr. Chattopadhyay, learned advocate appearing for

the appellants submits that the respondents are going to

change the nature and character of the suit property and

even they are trying to alienate the property to the

stranger and hence, an interim order is required to be

passed.

Heard Mr. Chattopadhyay. Perused the materials on

record.

Prima facie, an arguable case has been made out in

the present appeal and unless the interim order, as

prayed for, is granted, the appellants shall suffer

irreparable loss. Hence, upon consideration of above

aspects and to avoid multiplicity of judicial proceedings,

we direct that in the event a commissioner is appointed,

the commission-work shall go on, however, no final

decree shall be passed without the leave of this Court.

The application being CAN 2 of 2018 (Old No. CAN

6396 of 2018) is, accordingly, disposed of.

Let the hearing of the appeal be expedited.

As Ms. Das, learned advocate enters appearance on

behalf of the plaintiff/respondent no. 1, service of notice

of appeal upon the said respondent is dispensed with.

The appellants are directed to put in the requisites

for service of notice of appeal upon the other respondent

within two weeks.

Lower Court Records be called for through Special

Messenger at the cost of the appellants. Such costs shall

be deposited 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 for the appellants.

The appellants are directed to prepare requisite

numbers 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 a

copy upon the learned advocate for the respondents.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate-on-record

for the appellants is directed to incorporate all the

relevant documents in the informal paper books.

Liberty to mention after filing of paper books.

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