(S.R.) vs Sri Bharat Chandra Saha @ Lakshan
2023 Latest Caselaw 1668 Cal

                                     FAT 294 of 2022
                                          with
14.03.23                              CAN 1 of 2022
 Sl.-14
 Ct.32                              Sri Santi Dey
 (S.R.)                                   v.
                         Sri Bharat Chandra Saha @ Lakshan
                                Chandra Saha & Anr.

           Mr. Kaushik Dey
           Mr. Mritunjoy Saha           ... for the appellant/applicant.

           Mr. Asit Kumar Bhattacharya
           Mr. Chinmoy Guha Thakurata
           Ms. Mousumi Biswas                          ... for the respondents.

In re: CAN 1 of 2022

This is an application for stay.

Mr. Dey, learned advocate appearing for the

appellant/applicant submits that the suit, wherefrom the

present appeal has arisen, is a suit for specific performance

of contract which has been decreed and the

defendant/appellant has been directed to execute the sale

deed by the judgment impugned. He anticipates that at any

point of time the decree may be put in execution and

accordingly, an interim order is required to be passed.

Mr. Bhattacharya, learned advocate appearing for the

respondents denies and disputes the contention of Mr.

Dey.

Heard the learned advocate appearing for the

respective parties and perused the materials on record.

Prima facie, an arguable case has been made out by

the appellant in the present appeal and if the interim order,

as prayed for, is not granted, the appellant shall suffer

substantial loss.

In view thereof, let the operation of the judgement

and decree dated 22nd July, 2022 passed by the learned

Civil Judge (Senior Division) 1st Court, Baruipur, District -

South 24-Parganas be stayed till the disposal of the appeal.

Accordingly, the application being CAN 1 of 2002 is

disposed of.

Let the hearing of the appeal be expedited.

Since Mr. Bhattacharya, learned advocate has

entered appearance on behalf of the respondents, service of

notice of appeal upon the said respondents is dispensed

with.

Lower Court records be called for through Special

Messenger at the cost of the appellant. Such cost 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.

The appellant is directed to prepare and file requisite

number of informal paper books-printed, typewritten or

cyclostyled, as the case may be out of Court, within three

weeks from the date of service of notice of arrival of Lower

Court Records.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellant is directed to incorporate all relevant documents

in the informal paper books.

Liberty to mention for final hearing of the appeal

after filing of the paper books.

(Partha Sarathi Chatterjeee, J.) (Tapabrata Chakraborty, J.)