Sagarmal Bothra And Ors vs The State Of West Bengal And
2025 Latest Caselaw 878 Cal/2

Calcutta High Court

Sagarmal Bothra And Ors vs The State Of West Bengal And on 14 January, 2025

Author: Harish Tandon

Bench: Harish Tandon

OD -1 & 18
                   IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                From its Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE

                                 OCOT/11/2024
                                     with
                                  APD/5/2024
                                  CS/191/1997

                                        SAGARMAL BOTHRA AND ORS.
                                                   -Versus-
                                        THE STATE OF WEST BENGAL AND
                                        ORS.

                                IA No. GA/1/2024
                                      with
                                  CS/191/1997
                                 In APD/5/2024

                                        SAGARMAL BOTHRA AND ORS.
                                                   -Versus-
                                        THE STATE OF WEST BENGAL AND
                                        ORS.
BEFORE :
THE HON'BLE JUSTICE HARISH TANDON
              And
THE HON'BLE JUSTICE PRASENJIT BISWAS
Date : 14th January, 2025
                                                                            Appearance :
                                                               Mr. Varun Kothari, Adv.
                                                               Mr. Jatan Mongra, Adv.
                                                          ...for the appellant/plaintiff.

                                                                     Mr. Pranit Bag, Adv.
                                                                  Mr. Gopal Pahari, Adv.
                                                                Mr. Mandeep Kaur, Adv.
                                                                 ..for the defendant no.3.

                                                               Ms. Noelle Banerjee, Adv.
                                                              Ms. Nilanjana Adhya, Adv.
                                                               Mr. Paritosh Sinha, Adv.
                                                                          ..for the State.

        The Court : This is a cross-objection at the behest of the defendant no.3

assailing a part of the findings returned in the judgment dated 13 th July, 2024
                                            2


passed in CS/191/1997. The plaintiffs have also assailed the said judgment by

filing an independent appeal being APD/5/2024.

        Let the cross-objection as well as the appeal be tagged together.

        The state intends to file a cross-objection separately.   Leave is granted to

file the same. A copy of the said cross-objection shall be served upon the plaintiff

immediately after filing the same in the department. In the event the cross-

objection is filed by the State, the principal defendant herein, the office is directed

to tag the said cross-objection with the existing file.

        We are given to understand that the paper book is ready and, in fact, filed

in Court today prepared by the plaintiff in APD/5/2024. There is no necessity of

preparing a separate paper book for the cross-objection filed by the State as well

as the defendant no.3, as a copy thereof, if served upon the plaintiff, would suffice

the purpose.

        Accordingly, the plaintiff/appellant is directed to serve a copy of the paper

book upon the Advocate-on-records of the appearing respondents in course of this

day.

By consent of the parties, the matter is fixed on 21st January, 2025 for

final disposal.

(HARISH TANDON, J.)

(PRASENJIT BISWAS, J.)

A/s.