Sri Sudip Das @ Bharat Das vs Ar Sree Sree Lakshmi Janardan Jew
2023 Latest Caselaw 1243 Cal

01      17.02.2023                       FAT 171 of 2022
Ct-08
                                                 with
                                         I.A No. CAN 1 of 2022

                                   Sri Sudip Das @ Bharat Das
                                               Vs.
ar                               Sree Sree Lakshmi Janardan Jew


                        Mr. Asit Kumar Chowdhury
                                   ... For the Appellant

                        Mr. Chitta Ranjan Chakraborty
                        Mr. Dip Jyoti Chakrabarty
                        Mr. Sumit Banerjee
                                    ... For the Respondent

This appeal has been assigned to this bench by the Hon'ble Chief Justice on 15th February, 2023. Pursuant thereto the matter is listed today.

Re: CAN 1 of 2022 (Stay)

We have heard the learned counsel appearing for the parties.

The appeal is arising out of the judgment and decree dated 25th April, 2022 in a suit for declaration, injunction and recovery of possession.

It is submitted that unless an order of stay of the execution proceeding is passed the appellant may be summarily evicted and the appeal may be infructuous.

In view of the above, we feel that the appeal is required to be heard. However, there shall be an unconditional stay of operation of the decree for a period of seven days and, if the appellant deposits a sum of Rs.1,00,000/- with the Registrar General within one week from date, there shall be stay of operation of the decree till

the disposal of the appeal.

CAN 1 of 2022 is thus disposed of.

Let the hearing of the appeal be expedited. Since Mr. Dip Jyoti Chakrabarty, the learned advocate on record representing the respondent appears, service of notice of appeal upon the said respondent is dispensed with.

We call for the lower court's record through a special messenger at the cost of the appellants and such cost is to be put in within one week from date. Office is directed to see that the lower court's record is reached this court within one week from the date of putting in the special messenger cost.

Immediately after arrival of the lower court's record office shall examine the same and, if found complete, shall serve notice of arrival of lower court's record on the learned advocate for the appellant at once.

The appellant is given liberty to prepare and file requisite number of paper books - printed, typewritten or cyclostyled, as the case may be - within a period of four weeks from the date of service of notice of arrival of lower court's record on the learned advocate for the appellant. If the paper book is filed within the aforesaid time, the appeal shall be listed in the monthly list of April, 2023.

There will be no order as to costs.

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