Ab vs Swarnali Pradhan
2023 Latest Caselaw 7293 Cal

159   18.10.                           FA 58 of 2023
      2023                           IA No. CAN 2 of 2022
      Ct. No. 04
                                      Nilanjan Acharya
         Ab                                  Vs.
                                      Swarnali Pradhan.

                                             ---------------

Ms. Soni Ojha, Ms. Sonia Nandy.

... for the appellant.

Mr. Sujit Bhunia.

... for the respondent.

Re: CAN 2 of 2022 This is an application seeking stay of the impugned judgment and decree dated 17th February 2022 passed by the learned Additional District Judge at Baruipur in Matrimonial Suit No. 623 of 2020.

By the impugned judgment and decree, a suit for dissolution of marriage was dismissed. There is no justification in passing the order, as prayed for. The instant application is, thus, dismissed.

Re: FA 58 of 2023 The respondent has entered appearance by filing Vakalatnama in the department on 17th May 2023.

The office is directed to trace the said Vakalatnama and tag with the instant appeal.

The appeal is treated ready as regards service. Let the Lower Court's Records be called for through the Special Messenger at the cost of the husband/appellant. Such cost shall be put in within one week after reopening of this Court following Puja Vacation for the year 2023.

It is made clear that while sending the Lower Court's Records, the appellate Court shall make a skeleton record for the purpose of continuing with the Partition Commission work.

Immediately, after arrival of the Lower Court's Records, office shall examine the same and if found complete, shall issue notice of arrival of Lower Court's Records on the Advocate-on-Record of the plaintiffs/appellants under Rule 12 of Chapter IX of the Appellate Side Rules.

The plaintiffs/appellants are directed to prepare and file eight copies of informal paper books - printed, typewritten or cyclostyled, as the case may be - out of court, within four week from the date of service of notice of arrival of Lower Court's Records.

All other formalities regarding preparation of paper books including the filing of the appellants' declaration are dispensed with.

After fulfillment of all other formalities, the office shall put a certificate that the appeal is otherwise ready for hearing and liberty is given to the parties to pray for early disposal of the appeal.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)