Kusum Agarwala And Anr vs Binod Kumar Agarwal And Ors
2023 Latest Caselaw 3016 Cal/2

OD-1+2
                                            IN THE HIGH COURT AT CALCUTTA
                                                 Civil Appellate Jurisdiction
                                                      ORIGINAL SIDE


                                                   IA NO: GA/5/2023
                                                          In
                                                     APO/504/1992
                                             KUSUM AGARWALA AND ANR
                                                          VS
                                           BINOD KUMAR AGARWAL AND ORS
                                                          ---

IA NO: GA/4/2023 In APO/555/1992 KUSUM AGARWALA AND ANR VS BINOD KUMAR AGARWAL AND ORS

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA And The Hon'ble JUSTICE SUPRATIM BHATTACHARYA Date : 17TH OCTOBER, 2023.

Ms. De Ghose, Adv.; Mr. S. Paul, Adv., for petitioners.

Mr. S. Dasgupta, Adv., for respondent no.2.

Ms. S. Das, Adv., for respondent no.5.

1. The Court: The applications are for drawing up of a judgment and decree dated May 22, 1997, passed by a co-ordinate

Bench of this Court in the appeals. There are other ancillary prayers for amendment of the memorandum of appeal and for

recording the death of Triveni Chaudhury, the second appellant.

2. Learned counsel for the respondents vehemently opposes the application, inter alia, on the ground of delay and the fact that

the decree is barred by limitation and is even otherwise non-executable. It is also submitted that there is also suppression

of material facts and subsequent events, by the applicant.

3. The applications cannot be decided without calling for affidavits.

4. Let affidavits-in-opposition be filed within two weeks after the Vacation. Reply thereto, if any, be filed within a period of

two weeks thereafter.

5. Liberty to mention.

(RAJASEKHAR MANTHA, J.)

(SUPRATIM BHATTACHARYA, J.)

tk