Mrityunjoy Mondal vs Tutul Mondal
2023 Latest Caselaw 4208 Cal

13.7.2023
ct. 236
sk,sl. 11
                               S.A.T. 322 of 2018
                                 CAN 1 of 2018
                                 CAN 2 of 2021
                                 CAN 3 of 2023
                                   Mrityunjoy Mondal
                                           -vs-
                                      Tutul Mondal


                   Mr. Ravi R.Kumar
                          ...for the appellant.

                   Mr. Nilanjan Bhattacharjee
                   Mr. Saikat Dey
                                ...for the added respondent.

Mr. Debjit Mukherjee Mr. S. Chatterjee Mr. D. Ganguly Mr. K.Bhattacharya ...for the respondent nos. 1,3 & 4.

Supplementary affidavit filed on behalf of the

respondent nos. 1,3 and 4 is taken on record.

Heard learned counsel representing the parties.

It is submitted by Mr. D. Mukherjee that the CAN

application for order of stay of the operation of the judgment

and decree passed on 30th April, 2018 has become infructuous

for the simple reason that the final decree has been executed

and possession has already been delivered in terms of the said

decree vide order dated 16th January, 2021.

Learned counsel representing the appellant admits the

said fact. Therefore, I do not find any reason to keep this

application pending.

CAN 1 of 2018 is disposed of being infructuous.

In re: CAN 3 of 2023.

Mr. Bhattacharjee, learned counsel representing the

applicants in CAN 3 of 2023 submits that since the final

decree has been passed, the petition cannot be entertained

unless the final decree is challenged.

Under such circumstances, the matter is adjourned for

six weeks with liberty to mention.

(Siddhartha Roy Chowdhury, J)