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Calcutta High Court (Appellete Side)

Sri Satyabrata Das Sharma vs Sri Biswajit Das Sharma & Anr on 6 August, 2013

Author: Indira Banerjee

Bench: Indira Banerjee

                                                                                  1


   19.
06.08.2013.
   d.d.
                              SAT No.545 of 2012
                                     With
                               CAN 414 of 2013

                       Sri Satyabrata Das Sharma
                                    Vs.
                      Sri Biswajit Das Sharma & Anr.


                   Mr. Puspendu Bikash Sahu,
                   Mr. Sudhakar Biswas
                                        .... For the Appellant.

                    This appeal will be heard on the following substantial
              question of law:-


                         Whether the lower appellate Court applied the correct
                         legal principles in dismissing Title Appeal No.45 of 2007
                         and in affirming the judgment and decree dated 21st
                         June, 2005 passed by learned Civil Judge, Junior
                         Division, Second Court, Contai in Title Suit No.107 of
                         1996?


                    Issue usual notices.


                    Call for the records.


                    Liberty is granted to the learned Advocate for the appellant to
              remove the defects, as indicated by the Additional Stamp Reporter
              in his report             dated 20th November, 2012, here and now.


                               Re : CAN 414 of 2013
                                                                     2


      The appellant/petitioner is directed to serve copies of this
application upon the defendant/respondents, by Registered Post

with Acknowledgement Due, along with notices indicating that this application shall appear before the appropriate Bench four weeks hence. An Affidavit-of-Service to that effect shall be affirmed and kept ready.

For a period of six weeks from date or until further orders, whichever is earlier, status quo with regard to the possession of the suit property be maintained.

( Indira Banerjee, J. ) ( Dr. Sambuddha Chakrabarti, J. )