Mita Rani Basak @ Mita Rani Basack & ... vs Prabhat Kumar Basak
2023 Latest Caselaw 1187 Cal

13.02.2023
Item No.07
 Court No.32
 Avijit Mitra
                              FA 133 of 2019
                                  with
                            IA No. CAN 2 of 2022

                            Mita Rani Basak @ Mita Rani Basack & ors.
                                 - Versus -
                            Prabhat Kumar Basak


                      Mr. Sabita Mukherjee (Roy Chowdhury)
                                             ....for the appellants
                      Mr. Probal Kumar Mukherjee, Sr. Adv.,
                      Mr. Suhrid Sur
                                       ....for the respondent

IA No.CAN 2 of 2022

This application has been taken out with a prayer

for stay of operation of the judgment and order dated 22 nd

February, 2019 passed in O.S. No.01 of 2016 and also for

other allied prayers.

Ms. Mukherjee (Roy Chowdhury) submits that the

appellant raised some substantial questions of law and

facts in this appeal which require decision on merits and

the appellants have a fair chance of success in the

present appeal. She alleges that the respondent is now

going to change the nature and character of the suit

property and even the respondent is also taking steps to

create third party interest in the suit property. So an

appropriate interim order is required to be passed.

Mr. Mukherjee, learned senior advocate appearing

for the sole respondent submits that a probate has

already been granted and the appellant had instituted a

suit for partition pertaining to the said property in which

ultimately, their prayer for interim order has been turned

down.

Heard the learned advocates appearing for the

respective parties and considered the materials on record

placed before us.

On such hearing and perusal we are of the opinion

that the appellant has presented a good arguable case in

this present appeal and if the interim order, as prayed for,

is not granted, they will suffer substantial loss.

In view thereof, the parties are directed to maintain

status quo with regard to the nature, character and

possession of the suit property as on date till the disposal

of the appeal and they shall not create any third party

interest in any way and/or manner whatsoever in the suit

property till disposal of the appeal.

The stay application, being IA No.: CAN 2 of 2022

is, thus, disposed of.

Let the hearing of the appeal be expedited.

As Mr. Sur, learned advocate, enters appearance on

behalf of the sole respondent, service of notice of appeal

upon him is dispensed with.

Lower court records be called for through Special

Messenger at the cost of the appellants. Such cost shall

be deposited by appellants 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 appellants and the

sole respondent.

The appellants are directed to prepare requisite

number 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 shall file the same after serving copy

thereof upon the learned advocate appearing for the sole

respondent.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellants are directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

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