Rajesh Kumar Gupta vs Sunder Lal Sons & Ors
2023 Latest Caselaw 2939 Cal

26.04.2023
SL No.7
Court No.8
    (gc)


                        FMA 1599 of 2015
             CAN 1 of 2015 (Old No: CAN 3346 of 2015)

                           Rajesh Kumar Gupta
                                   Vs.
                          Sunder Lal Sons & Ors.

                                      Mr. Ratanlal Joshi,
                                                     ...for the Appellant.
                                      Mr. Chayan Gupta,
                                      Mr. Pourush Bandyopadhyay,
                                      Mr. Awani Kumar Roy,
                                      Mr. Surajit Biswas,
                                            ...for the Respondent No.1.

Re: CAN 1 of 2015 (Old No: CAN 3346 of 2015)

We are not inclined to grant any stay of operation of

the judgment because of the disclosures made showing

documents by which attempts have been made to dispose

of properties to frustrate the decree. We also are not

satisfied with the explanations offered for not praying for

stay of operation of the order after the appeal was

admitted on 10th April, 2015.

Accordingly, the application being CAN 3346 of

2015 stands dismissed.

Re: FMA 1599 of 2015

However, we expedite the appeal.

Let the Lower Court's Record of this case be called

for immediately by Special Messenger at the costs of the

appellant. Such costs are to be deposited within one week

from date.

After arrival of Lower Court's Record, Office shall

examine the same and, if found complete, shall serve a

notice upon the appellant.

Mr. Awani Kumar Roy, learned Counsel appears

and accepts service of notice of appeal on behalf of the

respondent No.1. As such, service of notice of appeal

upon the respondent No.1 is waived.

The appeal is ready as regards service.

The appellant shall prepare and file requisite

number of informal paper books, printed, typewritten or

cyclostyled, as the case may be, out of court, within four

weeks after arrival of the Lower Court's Record.

We have been informed that the other respondents

may have died in the meantime. However, no steps have

been taken by the appellant for substitution. The appeal

may abate as against the other respondents because of

the failure on the part of the appellant to take steps for

substitution.

The appeal shall be listed in the Combined Monthly

List of July, 2023.

(Uday Kumar, J.)                        (Soumen Sen, J.)