Ramesh Chandra Khowala & Another vs Reshmi Sarkar Chakraborty & ...
2023 Latest Caselaw 1715 Cal

15.03.2023
 rpan/16
                              FAT 8 of 2023
                                       +
                            IA No.: CAN 1 of 2023
                                       +
                            IA No.: CAN 2 of 2023
                     Ramesh Chandra Khowala & Another
                                - Versus -
                     Reshmi Sarkar Chakraborty & Others

                   Mr. Ratul Das,
                   Mr. Shoham Sanyal
                                ... for the Appellants.
                   Mr. Biswajit Konar,
                   Mr. Prabir Mukherjee,
                   Mr. Arijit Mahinder,
                   Mr. Pranoy Kumar Mukherjee
                                 ... for the Respondent no.1.

In Re.: IA No.: CAN 1 of 2023

Affidavit-of-service, as filed, be kept on record.

Upon hearing the learned advocates appearing for

the respective parties and upon considering the materials

on record, we are satisfied with the explanation towards

delay of nine days in preferring the appeal.

Accordingly, such delay is condoned and the

application, being IA No.: IA No.: CAN 1 of 2023, is

disposed of.

In Re.: IA No.: CAN 2 of 2023

Heard the learned advocates appearing for the

respective parties.

Prima facie, an arguable case has been made out by

the appellants and denial of the interim order, as prayed

for, may cause irreparable loss to the appellants.

In view thereof, the operation of the judgment and

decree dated 9th November, 2022 passed by the learned

Judge, Bench VII, City Civil Court, Calcutta in Title Suit

no.811 of 1998 is stayed till disposal of the appeal.

The application for stay, being IA No.: CAN 2 of

2023 is, accordingly, disposed of.

Let the hearing of the appeal be expedited.

As Mr. Mukherjee, learned advocate, has entered

appearance on behalf of the respondent no.1, service of

notice of appeal upon the said respondent is dispensed

with.

Mr. Sanyal, learned advocate appearing for the

appellants submits that the respondent nos.2-4 did not

contest the suit and prays for dispensation of service of

notice of appeal upon the said respondents.

At the risk of the appellants, service of notice of

appeal upon the respondent nos.2-4 is dispensed with.

Lower court records be called for through Special

Messenger at the cost of the appellants. Such cost shall

be deposited by appellants within two weeks.

Immediately, after arrival of 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 advocates appearing for the appellants and the

respondent no.1.

The appellants are directed to prepare requisite

number of informal paper books - printed, typewritten or

cyclostyled, as the case may be, out of Court and shall file

the same within four 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

appellants is directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

The document, as produced by the learned

advocate appearing for the appellants, as regards the

payment of deficit court fee be kept on record.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

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