652 2023 Madan Gupta & Anr vs 58 Narayan Chandra Das
2023 Latest Caselaw 6141 Cal

Ct.

No.   13.9                        S.A.T. 415 of 2013
652   2023                          Madan Gupta & Anr.
                                          -Versus-
158                                 Narayan Chandra Das
akb

             Mr. Avishek Prasad          ...For the Appellants

Re.: IA. No. CAN 1 of 2013 (Old No. CAN 9170 of 2013)

This is an application for granting stay of operation of the judgment dated 16th July, 2013 and decree dated 22nd July, 2013 passed by the learned Additional District Judge, Fast Track 3rd Court at Malda in O.C. Appeal No. 54 of 2012 on the ground stated in the application.

Having considered the submission made by the learned Counsel appearing on behalf of the appellants, let there be stay of operation of the judgment dated 16th July, 2013 and decree dated 22nd July, 2013 passed by the learned Additional District Judge, Fast Track 3rd Court at Malda in O.C. Appeal No. 54 of 2012 for a period of six months or until further order whichever is earlier.

The application for stay is being IA No. CAN 1 of 2013 (Old No. CAN 9170 of 2013) thus, disposed of without any order as to costs.

S.A.T. 415 of 2013

Let lower Court records of this case be called for through special messenger at the cost of the appellants; such cost be put in within two weeks from date.

After arrival of the lower Court records, office shall examine the same and, if found complete, shall serve notice of arrival of lower Court records on the learned Advocate for the appellants at once.

The appellants are given liberty to prepare and file requisite number of paper books - printed, typewritten or cyclostyled, as the case may be - out of Court, within a period of four weeks from the date of service of notice of arrival of lower Court records on the learned Advocate for the appellants.

All formalities regarding preparation of paper books are dispensed with, but the learned Advocate for the appellants is directed to incorporate all the relevant documents in the paper books.

As soon as the service is complete and paper book is filed, place it for 'Appeal for Hearing'.

Urgent photostat certified copy of this order, if applied for, be supplied to the petitioner, on priority basis on compliance of all usual formalities.

( Ajoy Kumar Mukherjee, J.)