Ruma Ghosh (Das) vs Subham Kundu
2023 Latest Caselaw 338 Cal

11.01.2023
 KC(10)

                               S.A.T. 382 of 2019
                              Ruma Ghosh (Das)
                                    -versus-
                                Subham Kundu
                                      With
                   CAN 2 of 2019 (Old CAN No. 10793 of 2019)



             Mr. Jayanta Samanta,
             Ms. Karunamoyee Samanta.........For the appellant.


                   We admit this intended second appeal on the

             following questions of law.

                   I.     Whether both the learned courts below

                          committed a serious error of law in holding

                          that the appellant's mother had absolute

                          power to sell the subject property?

                   II.    Whether both the learned courts below

                          failed to appreciate that the appellant's

                          mother had only a limited right, if any, over

                          the property which did not extend to sale

                          thereof?

                   III.   Whether the judgment and decree of the

                          learned first appellate court is perverse in

                          appreciation of facts and law?


                   Advocate-on-record for the appellant will cause to

             be served an appropriate notice of appeal on the

             respondents by 20th January, 2023.

Transmission of lower court record is dispensed

with for the time being. We may call for those records if

required at the time of hearing of the appeal.

Advocate-on-record for the appellant will

prepare an informal paper book and file the same

in this Court by 28th February, 2023. A copy of

the paper book shall be served on the advocate-on-

record for the respondent at least seven days before

the date fixed for hearing of the appeal.

List the appeal for hearing on 9th March, 2023

before the appropriate bench subject to its convenience.

Re: CAN 2 of 2019 (Old CAN No. 10793 of 2019)

The application for stay/injunction [CAN 2 of

2019 (Old CAN No. 10793 of 2019)] has to be heard by a

learned single judge.

We direct that the respondent shall maintain

status quo with regard to the property till 31st January,

2023 or until further order, whichever is earlier and the

application for stay/injunction be sent to the

appropriate bench for consideration at its convenience.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)