Sg vs Nisha Rani Saha
2023 Latest Caselaw 3624 Cal

                                               SAT 288 of 2014
Item-                                           CAN 1 of 2022
        19-05-2023
 27.

                                 Bijoy Biswas @ Bijoy Krishna Biswas & Anr.
          Ct. 8
 sg                                                  Vs.
                                               Nisha Rani Saha


                           Mr. Soumyadeep Biswas, Adv.
                                                    ... For the Appellants


                           An affidavit of service filed in Court is taken on record.

                           We have heard the learned Counsel appearing on behalf of

                     the appellants.

                           On consideration of the judgments of both the courts, we

                     admit this second appeal on the following questions of law:

                           I)        Whether the first appellate court has substantially

                                     erred in allowing the appeal merely on the basis of

                                     exhibit 2 being LR record of rights and not

                                     considering the evidence of PW1 in which the

                                     possession of the defendant/appellant is admitted?

                           II)       Whether the first appellate court has substantially

                                     erred in law in deciding the issue without

                                     appointment of an Advocate Commissioner to

                                     determine possession of the suit property in the light

                                     of exhibit 1 and the evidence of PW1?


                           Call for records. Issue usual notices.

                           In spite of service, none has appeared to oppose the prayer

                     for injunction.

                           The parties are directed to maintain status quo as regards

                     possession, nature and character of the suit property for a period

                     of 12 weeks from date or until further orders whichever is earlier.
                           2




      Since the respondent is not represented, the learned counsel

for the appellant shall communicate a copy of this order to the

respondent by speed post with acknowledgement due and shall

file an affidavit of service in the second appeal.

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