Sri Madan Mohan Choudhuri vs Sri Sajal Choudhuri & Others
2023 Latest Caselaw 3435 Cal

16.05.2023
  rpan/11
                                FAT 222 of 2022
                                        +
                               IA No.: CAN 1 of 2023
                          Sri Madan Mohan Choudhuri
                                   - Versus -
                          Sri Sajal Choudhuri & Others

                     Mr. Soumik Ganguli,
                     Mr. Supriyo Shasmal
                                  ... for the Appellant.
                     Mr. Samiran Mandal,
                     Mr. Abhinaba Dan
                                 ... for the Respondent no.1.

Affidavit-of-service filed by the appellant be kept on

record.

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

This application has been filed praying for stay of

operation of the judgment and decree dated 29 th July,

2022 passed by the learned Additional District Judge

(redesignated) Court, Bankura in Probate Suit no.7 of

2017.

Mr. Ganguli, learned advocate appearing for the

appellant/applicant submits that in the present appeal

the appellant has raised some substantial questions of

law and fact which require decision on merit and he also

submits that if the interim order, as prayed for, is not

granted, the appellant shall suffer irreversible loss and

injury. He further submits that the respondents are going

to alienate the suit property in favour of the third party.

Mr. Mandal, learned advocate appearing for the

respondent no.1 denies and disputes such contention.

Heard the learned advocates appearing for the

respective parties. Perused the materials on record.

Prima facie, an arguable case has been made out in

the present appeal and unless an appropriate interim

order is passed, the appellant/applicant shall be highly

prejudiced.

In view thereof, we direct that the respondents shall

not create any third party interest in the suit property in

any way and/or manner whatsoever till the disposal of

the appeal.

The application for stay, being IA No.: CAN 1 of

2023 is, accordingly, disposed of.

Let the hearing of the appeal be expedited.

As Mr. Dan, learned advocate, has 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 Summer

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 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.)