Aurobindo Maity & Anr vs Sita Moni Maity & Ors
2023 Latest Caselaw 4834 Cal

7.8.2023
ct. 236
sk,sl. 5.
                               SAT 177 of 2018
                           CAN 1 of 2019,CAN 2/2020
                     Aurobindo Maity & Anr. -vs- Sita Moni Maity & Ors.

                   Mr.Abhik Sarkar
                   Mr. Rivu Dutta
                   Mr. Rhitam Chatterjee
                               ...for the appellants.

                   Mr. Amit Baran Dash
                   Nr, Hatabta Dey
                   Ms. Ankana Sarkar
                             ...for the opposite party nos. 8, 10, 11 & 12.

                   In course of hearing, learned counsel for the appellants

            expresses that he does not have the copy of the plaint and he

            is not in a position to assist the court.

                   The appellants are directed to prepare the requisite

            number of informal paper books.

                   Mr. Asit Baran Dash, learned counsel is representing

            the respondent nos. 8,10,11 and 12.

The office report reveals that requisites i.e. Talabana

and written up notice form are yet to be submitted to effect the

service of notice of appeal upon the rest of the respondent nos.

3,4,5,6, 9 and 13 to 19.

Let the matter be listed on 30.8.2023.

Talabana be put in by 9.8.2023 and the appellant is

directed to put the requisite by 9.8.2023.

In re: CAN 2832 of 2019.

Mr. Sarkar, learned counsel for the appellant submits

that CAN 2832 of 2019 is awaiting disposal.

The appellants are prayed for an order of stay of the

operation of the impugned judgment and decree passed by the

learned First Appellate Court in Title Appeal No. 4 of 2007

dismissing the judgment and decree of learned trial court.

The impugned judgment therefore does not merit any

order of stay.

The lower court record has already been received by the

department. The application does not merit any further

consideration and is disposed of however without cost.

The application being CAN 2832 of 2019 is thus

disposed of.

(Siddhartha Roy Chowdhury, J)