Calcutta High Court (Appellete Side)
4431/2013 on 30 April, 2013
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1
S/L. 138.
April 30, 2013.
MNS.
S. A. T. No. 17 of 2013
Mr. Shyama Prasanna Roychowdhury,
Mr. Sukanta Chakraborty
...for the appellants.
This matter is taken up for hearing out of turn on the mentioning of Mr. Shyama Prasanna
Roychowdhury, learned senior advocate appearing for the appellants, in view of urgency pleaded by him.
The learned advocate-on-record for the appellants is directed to correct the cause title of the
memorandum of appeal and to insert a certificate as contemplated in Rule 6 of Chapter- V of the High Court
Appellate Side Rules at the foot of the memorandum of appeal, here and now.
Certified copies of the judgment and the decree together with photocopies thereof are filed in Court
today; let those be kept in the record.
The Additional Stamp Reporter is directed to submit a revised report.
This appeal will be heard on the following substantial question of law :
Whether the defendant-appellant is entitled to convert the kiosk into a large one by
increasing its length, breadth, particularly, the depth of the kiosk by breaking the wall in terms of
provisions of Section 108(m), (o) and (p) of the Transfer of Property Act or not?
Call for the records.
Issue usual notices.
Re: C. A. N. 4431 of 2013(stay application)
The appellants-petitioners are directed to serve copies of the application for stay on the plaintiffs-
respondents by registered post with acknowledgment due indicating that this matter shall appear after a
fortnight after the reopening of this Court after summer holidays for the year 2013 before the appropriate bench, having determination, subject, however, to the convenience of the Hon'ble Judge and to file an affidavit-of-service to that effect on the next date of hearing.
2On the prayer of Mr. Roychowdhury, learned senior advocate appearing on behalf of the appellants, and at the risk of the appellants, service of notice of the application for stay on the respondent no. 5 is dispensed with.
There shall be stay of all further proceedings in Ejectment Execution Case No. 7 of 2013 pending before the learned Chief Judge, Presidency Small Causes Court at Calcutta, during the pendency of this application for stay.
(Subhro Kamal Mukherjee, J.) (Asim Kumar Mondal, J.)