(S.R.) vs Sukumar Naskar & Ors
2023 Latest Caselaw 1758 Cal

                                  FAT 40 of 2023
                                       with
16.03.23                          CAN 1 of 2023
 Sl.-11
 Ct.32                    Smt. Sarojini Mondal & Ors.
 (S.R.)                                v.
                            Sukumar Naskar & Ors.

           Mr. Sourav Sen
           Mr. Partha Chakraborty
           Mr. Mahammad Obaid                     ... for the appellants.

           Mr. Mohan Murari Verma
           Ms. Punam Verma
           Mr. Abhishek Verma
           Mr. Ritobrata Singha Roy
                                  ... for the respondent nos.1 & 3.

Leave is granted to the learned advocate on record of

the appellants to make necessary correction in the cause

title of the memorandum of appeal and the application

being CAN 1 of 2023.

The present appeal has been preferred challenging

the judgment and order dated 19th January, 2023 passed

by the Learned Additional District Judge, 7th Court, North

24-Parganas at Barasat in O.S. No.20 of 2006. In

connection with the appeal, an application for stay being

CAN 1 of 2023 has been preferred.

Mr. Sen learned advocate appearing for the

appellants submits that the circumstances surrounding

the execution of the Will are shrouded in suspicion and the

learned Court below did not take into consideration the fact

that the scribe of the Will was not examined. In the said

conspectus, there is every chance of success in the present

appeal.

Mr. Verma, learned advocate appearing for the

plaintiffs/respondents denies and disputes the contention

of Mr. Sen and submits that there is no infirmity in the

judgment impugned.

Heard the learned advocates appearing for the

respective parties and considered the materials on record.

Prima facie, an arguable case has been made out by

the appellants and the denial of the interim order, as

prayed for, may cause severe prejudice to the appellants.

In view thereof, the parties are directed to maintain

status quo as regard the nature, character and possession

of the suit property as on date till the disposal of the

appeal. The parties are further restrained from alienating,

transferring and/or creating any encumbrance upon the

suit property till the disposal of the appeal.

The application being CAN 1 of 2023 is, accordingly,

disposed of.

Let the hearing of the appeal be expedited.

The appellants are directed to put in the requisites

within two weeks for service of notice of appeal upon the

proforma respondents.

As Mr. Verma, 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 appellants. 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 appellants.

The appellants are directed to prepare and file

requisite number of informal paper books-printed,

typewritten or cyclostyled, as the case may be out of Court,

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 relevant documents

in the informal paper books.

Liberty to mention for final hearing of the appeal

after filing of the paper books.

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