Calcutta High Court (Appellete Side)
Goutam Mondal vs Dipak Mondal & Others on 16 May, 2023
16.05.2023
rpan/06-7
FAT 369 of 2022
+
IA No.: CAN 1 of 2022
with
FAT 370 of 2022
+
IA No.: CAN 1 of 2022
Goutam Mondal
- Versus -
Dipak Mondal & Others
Mr. Sagarmay Ghosh
... for the Appellant
[in both the appeals].
Mr. Sibasish Ghosh,
Mr. Sagar Dey
... for the Respondent no.1
[in both the appeals].
By a common judgment and decree dated 29 th
September, 2022 passed by the learned Civil Judge (Senior
Division), Additional Court, Hooghly at Chinsurah both the
suits, being Title Suit Nos.31 and 32 of 2013 were disposed
of.
Title Suit no.31 of 2013 which was a suit for partition
was decreed in preliminary form declaring shares of the
plaintiff and defendant nos. 1 and 2 in respect of the suit
property and the counter claim filed in connection thereto
by the defendant no.1/appellant was dismissed.
Title Suit no.32 which was also dismissed by
judgment and decree impugned herein, was filed praying
for decree of declaration to the effect that the power of
attorney dated 13.5.1994 and the deed of sale vide No.289
of 2003 executed in favour of the defendant no. 2 therein
are not binding upon the plaintiff/respondent no.1.
The defendant no.1 in both the suits has assailed
the judgment and decree by filing these two separate
appeals being FAT 369 of 2022 and FAT 370 of 2022.
Heard the learned advocates appearing for the
respective parties and considered the materials on record.
We are informed that an application of appointment
of partition commissioner has already been filed.
In view thereof, in the event the partition
commissioner is appointed, the commission work shall
continue, however, no final decree shall be passed without
leave of the Court.
The parties are directed to maintain status quo with
regard to nature, character and possession of the suit
property as on date till disposal of the appeal.
Both the applications, being IA No.: CAN 1 of 2022
filed along with FAT 369 of 2022 and IA No.: CAN 1 of 2022
filed along with FAT 370 of 2022, are disposed of.
Since both the appeals arise out of the common
judgment and decree, the appellant is directed to file a
single paper book in FAT 369 of 2022. Filing of paper book
in FAT 370 of 2022 is dispensed with.
Both the appeals shall be heard analogously.
Let the hearing of the appeals be expedited.
As Mr. Arkadeb Biswas, learned advocate, entered
appearance on behalf of the respondent no.1, service of
notice of appeal upon him is dispensed with.
However, the appellant is directed to put in the
requisites for effecting service of notice of appeal upon rest
of the respondents within a week after the Vacation.
Lower court records be called for through Special
Messenger at the cost of the appellant. Such cost shall be
deposited by appellant within two weeks after the Summer
Vacation.
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 appellant and the respondents.
The appellant is 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
appellant is directed to incorporate memo of the other
appeal, being FAT 370 of 2022 and all the relevant
documents in the informal paper books.
Liberty to mention.
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.)
