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Calcutta High Court (Appellete Side)

Ct. 17 Mrs. Juliet Gomes & Ors vs Kahkakashan Bano on 7 April, 2021

 9                                           FMAT 254 of 2021
     07-04-2021
sg

       Ct. 17                            Mrs. Juliet Gomes & Ors.
                                                   Versus
                                            Kahkakashan Bano

                                       (Through Video Conference)



                          Ms. Kabita Mukherjee, Adv.
                          Mr. Rishad Medosa, Adv.
                          Mr. Meghajit Mukherjee, Adv.
                                               ...for the appellants


                          The respondent is not represented.

The petitioners are directed to serve a copy of the stay petition upon the respondent/defendant and her Advocate appeared in the trial court by tomorrow with an intimation that this matter shall be listed on 12th April, 2021 under the heading "Order XLI Rule 11 of the Code of Civil Procedure" and in the event the respondent is not represented on the adjourned date, the matter shall be heard and disposed of in her absence.

The title execution case shall remain stayed till 13 th April, 2021.

We also make it clear that in the event no appeal is preferred against the decree passed by the Presidency Small Causes Court in the meantime and the decree is stayed in the said proceeding, that would be a relevant factor in deciding the appeal on 12 th April, 2021 when this matter shall be taken up for further consideration.

                   (Kausik Chanda, J.)                              (Soumen Sen, J.)
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