(Prosun Mallik & Ors vs Saraswati Mallck
2023 Latest Caselaw 2615 Cal

    9
17.04.2023
Ct. No. 32
   rrc


                                  FAT 333 of 2022
                                        with
                                IA No. CAN 1 of 2023


                   (Prosun Mallik & Ors. Vs. Saraswati Mallck
                                @ Mallik & Ors.)


                Ms. Mitali Bhattacharya
                                            ..... For the appellants


                Mr. Bhaskar Ghose, ld. Sr. Adv.
                Mr. Jahar Lal Roy
                Mr. Siddhartha Paul
                               ..... For the caveators/respondents

The present appeal has been preferred challenging

the judgment and decree dated 15th September, 2022

passed by the learned 10th Judge, City Civil Court at

Calcutta in Title Suit No. 1830 of 2011. In connection

with the appeal, an application for stay of operation of

the preliminary decree of partition had been preferred.

Ms. Bhattacharya, learned advocate appearing for the

appellants/defendants submits that the application for

appointment of commissioner of partition has already

been filed by the plaintiffs/respondents and the same is

likely to be taken up for consideration by the learned

Court below.

Mr. Ghose, learned senior advocate enters

appearance on behalf of the plaintiffs/respondents.

We have heard the learned advocates for the parties.

We have considered the materials on record.

We are of the opinion that since an application has

already been filed for appointment of a commissioner of

partition, the learned Court below would be at liberty to

hear and dispose of the said application.

In the event, the said application is allowed and the

commissioner of partition is appointed, the commission

proceeding shall continue, however, no final decree shall

be passed till the disposal of the appeal.

The aforesaid order is being passed to avoid

multiplicity of judicial proceedings.

The application being CAN 1 of 2023 is, accordingly,

disposed of.

The hearing of the appeal be expedited.

As Mr. Siddhartha Paul, learned advocate enters

appearance on behalf of the plaintiffs/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 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.

(Rai Chattopadhyay, J.) (Tapabrata Chakraborty, J.)