Calcutta High Court (Appellete Side)
(Bharat Bhusan Agarwal vs Binod Kumar Bhagoria) on 2 February, 2023
16 & 17
02.02.2023
Ct. No. 32
rrc
FAT 374 of 2022
with
IA No. CAN No. 1 of 2023
a n d
FAT 374 of 2022
with
IA No. CAN No. 1 of 2023
(Bharat Bhusan Agarwal Vs. Binod Kumar Bhagoria)
Syed Nurul Arefin
Mr. Rahul Singh
..... For the appellant
Mr. Rabindranath Mahato
Mr. Aritra Shankar Ray
....... For the respondent
These two applications both registered as CAN 1 of
2023 have been filed praying for an interim order in
connection with both the appeals registered as FAT 374
of 2022 and FAT 376 of 2022 respectively.
In the present lis, praying for grant of probate of the
testatrix, namely, Saraswati Debi Modi, two applications
were filed - one by one Binod Kumar Bhagoria and the other
by Bharat Bhusan Agarwal and these two applications were
registered as OS No. 12 of 2000 and OS No. 06 of 2007
respectively.
By a single order, the prayer for grant of probate of
Binod Kumar Bhagoria was allowed whereas the prayer
for grant of probate made by Bharat Bhusan Agarwal was
turned down and hence, challenging the said order, two
separate appeals being FAT 374 of 2022 and FAT 376 of
2022 were preferred and as such, both the appeals be
heard analogously.
In connection with these two appeals, these two
applications have been filed praying for a direction upon
the respondent to maintain status quo in respect of the
nature, character and possession of the property forming
the subject matter of the will and not to create any third
party interest in the subject property and further interim
order was also prayed for stay of operation of the
judgment impugned .
Prima facie, since an argumentative case has been
made out by the appellant in both the appeals, there
shall be a stay of an interim order directing the parties to
maintain status quo with regard to nature, character and
possession of the said property till the disposal of the
appeals and the parties are also restrained from creating
any third party interest in any manner whatsoever in the
said property till the disposal of the appeals.
There shall be further an interim order of stay of
operation of the judgment impugned in these two
appeals.
Let the hearing of both the appeals be expedited.
Since Mr. Aritra Shankar Ray, learned advocate has
entered appearance in both the appeals, service of notice
of appeal upon the respondent is dispensed with.
Lower Court Records be called for through Special
Messenger at the cost of the appellant. Such costs shall
be deposited within two weeks from date.
Immediately, after arrival of the 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 advocate for the appellant in both
the appeals.
The appellant is 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 to file the same after serving a
copy upon the learned advocate for the respondent.
In the event, the paper books are not filed within the
time as directed, the interim order shall stand vacated.
All formalities regarding preparation of paper books
are dispensed with but Mr. Arefin, learned advocate for
the appellant is directed to incorporate all the relevant
documents in the informal paper books.
Liberty to mention after filing of paper books.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)
