Calcutta High Court
Narendra Kumar Berlia & Ors vs Om Prakash Berlia & Ors on 12 July, 2022
Author: I. P. Mukerji
Bench: I. P. Mukerji
IA No. GA 1 of 2022
APOT No. 90 of 2022
with
CS No. 12 of 2009
IN THE HIGH COURT AT CALCUTTA
In Appeal from its
ORDINARY ORIGINAL CIVIL JURISDICTION
CIVIL APPELLATE JURISDICTION
Narendra Kumar Berlia & Ors.
Versus
Om Prakash Berlia & Ors.
Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice SUBHENDU SAMANTA
Date: 12th July 2022
Appearance:
Mr. Sarvapriya Mukherjee, Advocate
Mr. Arif Ali, Advocate
Mr. Arnab Sardar, Advocate
for the appellant
Mr. Sakya Sen, Advocate
Mr. S. R. Kakrania, Advocate
for respondent nos. 1 & 2
Ms. Debamitra Adhikari, Advocate for respondent no. 3 Ms. Reshmi Ghosh, Advocate Mr. Soumya Chini, Advocate for respondent no. 9 Mr. Varun Kedia, Advocate Mr. Yash Singhi, Advocate for respondent no. 15 The Court: It is submitted before us that the defendant no. 8 has expired.
There is no dispute with regard to his legal heirs and representatives. They are already on record as parties.
Hence let the death of the defendant no. 8 be recorded and the name of the guardian ad litem representing him be deleted from the cause title. Since his legal heirs and representatives are already on record, no substitution is required. 2
We direct the department to carry out the amendment within a week of communication of this order.
Let affidavits-in-opposition and affidavits-in-reply to the stay petition be filed by 18th July 2022 and 27th July 2022 respectively. Time to file paper book in terms of the order of this bench dated 20th May 2022 is extended till 12th August 2022.
List the appeal and the stay application on 22nd August 2022.
(I. P. MUKERJI, J.) (SUBHENDU SAMANTA, J.) R. Bose