Padma Rani Ghosh vs Ram Ghosh & Others
2023 Latest Caselaw 2541 Cal

13.04.2023
  rpan/15
                                  FA 205 of 2022
                                          +
                                 IA No.: CAN 1 of 2022
                                 Padma Rani Ghosh
                                     - Versus -
                                Ram Ghosh & Others

                   Md. Habibur Rahman
                               ... for the Appellant.
                   Mr. Rudra Prasad Matilal
                              ... for the Respondent nos.2 & 3.

In Re.: IA No.: CAN 1 of 2022

This application has been taken out praying for

stay of operation of the impugned judgment and decree.

By the impugned judgment the suit for partition was

decreed in preliminary form declaring the share of the

parties thereto.

Md. Rahaman, learned advocate appearing for the

appellant/applicant submits that unless the interim

order, as prayed for, is granted, the appellant shall suffer

irreversible loss and injury.

Mr. Matilal, learned advocate appearing for the

respondent nos.2 and 3 opposes the prayer of the

appellant.

Heard the learned advocates appearing for the

respective parties. Perused the materials on record.

Prima facie, an arguable case has been made out in

the present appeal and unless the interim protection is

granted, the appellant/applicant shall suffer severe

prejudice. Accordingly, in the event commissioner is

appointed, the commission work may continue, however,

final decree shall not be passed without the leave of the

Court.

The application for stay, being IA No.: CAN 1 of

2022 is, thus, disposed of.

Let the hearing of the appeal be expedited.

As Mr. Matilal, learned advocate, has entered

appearance on behalf of the respondent nos.2 and 3,

service of notice of appeal upon them is dispensed with.

The appellant is directed to put in the requisites for

service of notice of appeal upon the remaining

respondents within a period of two weeks from date.

Lower court records be called for through Special

Messenger at the cost of the appellant. Such cost shall be

deposited by appellant within two weeks.

Immediately, after arrival of 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 advocates appearing for the appellant and the

respondents.

The appellant is directed to prepare requisite

number of informal paper books - printed, typewritten or

cyclostyled, as the case may be, out of Court and shall file

the same within four weeks from the date of service of

notice of arrival of lower court records.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellant is directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

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