Md. Mofizuddin & Ors vs Azimuddin & Ors
2023 Latest Caselaw 1244 Cal

22      17.02.2023                          SA 271 of 2014
                                                  with
Ct-08                                   I.A No. CAN 8741 of 2011

                                         Md. Mofizuddin & Ors.
                                                  Vs.
                                          Azimuddin & Ors.
ar

                        Mr. Suprobhat Bhattacharya
                        Mr. Habibur Rahman
                                   ... For the Appellants

                        Mr. Partha Sarathi Bhattacharyya
                        Mr. Raju Bhattacharyya
                        Mr. Arunava Maiti
                                    ... For the Respondents no. 2 to 8

We have heard the learned counsel appearing for the parties.

This appeal will be heard on the following substantial questions of law :-

I. Whether the first appellate court has substantially erred in reversing the judgment of the trial court on the ground that the reliefs claimed are barred by limitation ?

II. Whether the first appellate court has substantially erred in arriving at a finding that the amendment was carried out in the year 2007 with regard to the translation of the deed of sale when apparently there was a pleading of the invalidity of the deed of sale in the original pleading and only a prayer was made in support of the pleading?

Call for the records; issue usual notices. The appellants are directed to serve the application for injunction being CAN 8741 of 2011 upon the respondent nos. 2 to 8 within one week from date.

Let the matter be listed before the appropriate bench having determination. The possession of the appellants may not be disturbed for a period of three weeks or until further order, whichever is earlier.

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