Ct. No. 04 Shankar @ Sankar Baidya vs Ab Sikha Biswas And Another
2023 Latest Caselaw 5347 Cal

25   21.08.                             SAT 68 of 2023
     2023

     Ct. No. 04                   Shankar @ Sankar Baidya
                                             Vs.
         ab                       Sikha Biswas and another.

                                          ---------------------

Mr. Tarak Nath Halder.

... for the appellant.

Mr. Mahendra Prasad Gupta, Ms. A. Bhattacharya.

... for the respondent no. 1.

The appeal shall be heard on the following substantial questions of law:

(1) Whether the court of appeal below was justified in reversing the judgment and decree of the trial court solely on the basis of the observations made by the High Court in CO 3341 of 2016 originating from an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure?

(2) Whether the findings returned by the court below while disposing of an application for temporary injunction can be regarded as final and sacrosanct at the time of disposing of the suit or is mere a prima facie observation and, therefore, tentative in nature?

Let hearing of the appeal be expedited.

The contesting respondent no. 1 has entered appearance by filing a Caveat vide Filing No. 2818 of 2023 on 26th July 2023. The Vakalatnama contained in the said Caveat be detached therefrom and tagged with the instant appeal. The appearance of the contesting respondent no. 1 shall be treated as an appearance in the instant appeal and the appeal is, therefore, ready as

regards service. The learned Advocate for the said contesting respondent no. 1 waves the service of notice of appeal in view of the appearance in the instant appeal.

Let the Lower Court's Records be called for through the Special Messenger at the cost of the plaintiff/appellant. Such cost shall be put in course of this week.

Immediately, after arrival of the Lower Court's Records, office shall examine the same and if found complete, shall issue notice of arrival of Lower Court's Records on the Advocate-on-Record of the plaintiff/appellant under Rule 12 of Chapter IX of the Appellate Side Rules.

The plaintiff/appellant is directed to prepare and file eight copies of informal paper books - printed, typewritten or cyclostyled, as the case may be - out of court, within a period of four weeks from date.

All other formalities regarding preparation of paper books are dispensed with.

After fulfillment of all other formalities, the office shall put a certificate that the appeal is otherwise ready for hearing and liberty is given to the parties to pray for early disposal of the appeal.

(Harish Tandon, J.)

(Ajay Kumar Gupta, J.)