Sri Tarapada Kabiraj vs Baidyanath Kabiraj & Ors
2023 Latest Caselaw 3748 Cal

08.06.2023 Sl. No.13(DL) srm

C.O. No. 1683 of 2023

Sri Tarapada Kabiraj

Versus

Baidyanath Kabiraj & Ors.

Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal ...for the Petitioner.

Prima facie, it appears that the plaintiff/decree-holder

ought to have been given an opportunity to file an objection to

the application for stay filed in the title appeal before the said

application could be disposed of by granting a stay of

operation of the judgment and decree, which also, prima facie,

appears to be allowing the main relief in the appeal.

Let there be a stay of all further proceedings in Title

Appeal No.18 of 2022 pending before the learned Additional

District Judge, 3rd Fast Track Court, Nadia at Krishnanagar, up

to August 31, 2023 or until further orders whichever is earlier.

The petitioner is directed to serve a copy of this

revisional application upon the opposite parties as also upon

the learned Advocate who is conducting the matter on their

behalf in the learned court below.

Let this matter appear in the Daily List on June 28, 2023

under the heading "Urgent Motion".

(Shampa Sarkar, J.)