Sg vs Ct. 8 Shankar Karmakar & Ors
2023 Latest Caselaw 3465 Cal

SAT 397 of 2015 Item-24.

           16-05-2023
                                          Madan Mohan Karmakar
  sg
                                                   Versus
             Ct. 8                        Shankar Karmakar & Ors.

The appellant is not represented nor any accommodation is

prayed for on behalf of the appellant.

The matter initially appeared in the warning list on 6 th

March, 2023 and thereafter transferred to the regular list on 21 st

March, 2023. There was a clear indication in the list that the

matter shall be transferred to the daily cause list on 21st March,

2023 and since then, the appeal is appearing in the list. In spite of

having due notice and knowledge that the matter is pending, the

appellant is not represented.

The appeal is defective. The defects as mentioned by the

Additional Stamp Reporter dated 20th August, 2015 are considered

and ignored.

The judgment and decree dated 5th May, 2015 passed by the

learned Civil Judge (Senior Divison), 1st Court at Howrah

affirming the judgment and decree dated 23rd December, 2010

passed by the learned Civil Judge (Junior Division), 6th Court,

Howrah in a suit for declaration of title, is the subject matter of

challenge in this second appeal.

In view of the findings with regard to Title Deed Nos. 3065

dated 17th October, 1977 and 812 dated 31st March, 1980 decided

in the earlier proceeding between the parties, the right to claim

any ownership in respect of the properties is clearly vacated by

res-judicata. In our view, both the courts have rightly applied the

said principle and dismissed the suit on that ground.

The appeal does not involve any substantial question of law

and the same is, accordingly, dismissed. However, there shall be

no order as to costs.

   (Uday Kumar, J.)                            (Soumen Sen, J.)