Tushar Kanti Ghosal & Others vs Smt. Rina Manna & Others
2023 Latest Caselaw 3314 Cal

10.05.2023
 rpan/08
                                 FAT 572 of 2019
                                          +
                  IA No.: CAN 1 of 2020 (Old No.: CAN 441 of 2020)
                           Tushar Kanti Ghosal & Others
                                     - Versus -
                             Smt. Rina Manna & Others


                   Mr. Debjit Mukherjee,
                   Ms. Susmita Chatterjee,
                   Mr. Kaustav Bhattacharya,
                   Ms. Srinjini Chakraborty
                                 ... for the Appellants.



                   Affidavit-of-service filed by the appellants be kept

             on record.

                 In Re.: CAN 1 of 2020 (Old No.: CAN 441 of 2020)

                   This   application   has   been       taken   out   for

             condonation of delay in preferring the present appeal.

                   Mr. Mukherjee, learned advocate appearing for the

             appellants submits that the present appeal is arising out

             of a judgment and decree dated 6 th February, 2019

             passed in a suit for specific performance of contract. He

             contends that in the said suit a counter claim was filed by

             the defendants/respondents. While disposing of the suit,

the learned court below dismissed the suit but allowed

the counter claim. He submits that the learned advocate,

who initially represented the appellants, mistakenly filed

only one appeal against the dismissal of the suit which

was registered as FAT 150 of 2019. In connection with

the said appeal an application for injunction, being CAN

3900 of 2019 was filed and a co-ordinate Bench of this

Court by an order dated 15 th January, 2020 restrained

the respondents, their agents, men and employees from

disturbing and interfering with the possession of the

plaintiffs in the property and also from alienating,

transferring, encumbering and/or creating any third

party interest in the suit property till the disposal of the

appeal. He further submits that mistakenly no appeal

has been filed against the order whereby the counter

claim was allowed. Hence, this instant appeal has been

filed and there is a delay of 199 days in filing it. He

submits that for the ends of justice, the delay should be

condoned.

Heard the learned advocate appearing for the

appellants and perused the materials on record.

Records reveal that in the first appeal, being FAT

150 of 2019 an interim order has already been passed on

15th January, 2020. In the said conspectus and as we are

satisfied with the explanation given towards the delay, the

delay is condoned.

The application, being CAN 1 of 2020 (Old No.:

CAN 441 of 2020) is allowed.

Since a co-ordinate Bench of this Court by an order

dated 15th January, 2020 passed in FAT 150 of 2019

directed the appellants to file the paper books, filing of the

paper books in connection with this appeal is dispensed

with.

The appellants are directed to put in the requisites

for effecting service of notice of appeal upon all the

respondents within a week after the Vacation.

Let this appeal be heard analogously with the first

appeal, being FAT 150 of 2019.

Office is directed to tag this appeal along with the

first appeal, being FAT 150 of 2019.

The appellants are directed to intimate this order to

all the respondents immediately.

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.)