Calcutta High Court
Narendra Kumar Berlia & Ors vs Om Prakash Berlia & Ors on 30 August, 2023
Author: I. P. Mukerji
Bench: I. P. Mukerji
OD-6-8
IN THE HIGH COURT AT CALCUTTA
In appeal from its
ORDINARY ORIGINAL CIVIL JURISDICTION
CIVIL APPELLATE JURISDICTION
IA No. GA 1 of 2022
APO No. 102 of 2022
with
CS No. 12 of 2009
Narendra Kumar Berlia & Ors.
Versus
Om Prakash Berlia & Ors.
APO No. 52 of 2022
Vijay Kumar Berlia
Versus
OM Prakash Berlia & Ors.
APO No. 113 of 2022
with
CS No. 12 of 2009
Vijay Kumar Berlia for Self and
as Karta of Gurdayal P Berlia HUF
Versus
OM Prakash Berlia for Self and
as Karta of Om Prakash Berlia HUF
Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 30th August, 2023.
Appearance:
Mr. Arif Ali, Advocate
Mr. Ratul Das, Advocate
Mr. Arnab Sardar, Advocate
for the appellant in APO 102/2022
Mr. Sagar Bandopadhyay, Advocate
Mr. Lalit Baid, Advocate
Mr. M. P. Sahay, Advocate
Mr. Tamoghna Saha, Advocate
Mr. Satyaki Mukherjee, Advocate
Ms. Saberi Saha, Advocate
for the appellant in APO 52/2022 & APO 113/2022
& respondent no. 3 in APO 102/2022
Mr. Ahin Choudhury, Sr. Advocate for respondent no. 3 in APO 102/2022 Mr. Jishnu Saha, Sr. Advocate Mr. Vikram Wadehra, Advocate Mr. Pranit Bag, Advocate Ms. Jayashree Ramachandra, Advocate Ms. Aisia Hasan, Advocate Mr. Mayukh Roy, Advocate 2 Ms. Swagata Roy, Advocate for the purchaser Ms. Reshmi Ghosh, Advocate Mr. Soumya Sankar Chini, Advocate for respondent no. 9 in APO No. 102 of 2022.
The Court: In the order dated 17th February, 2023 we had recorded a submission of learned counsel for the purchaser that he denied that any construction had been started on the subject property.
Today, on the allegation of Mr. Ahin Chowdhury, learned senior advocate appearing for the appellant in APO/52/2022, learned counsel clarifies that on the date the order was passed construction had not been started, but in the absence of any order of injunction construction work has been commenced subsequently and is going on.
List these appeals for further hearing on 6th September, 2023 retaining their position.
(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) A/s.