Calcutta High Court (Appellete Side)
Smt. Sabita Dutta & Another vs Sri Indrajit Biswas on 26 September, 2022
26.09.2022
Ct. No. 32
rpan/30
FAT 224 of 2022
+
IA No.: CAN 1 of 2022
Smt. Sabita Dutta & Another
- Versus -
Sri Indrajit Biswas
Mr. Debarshi Das,
Mr. Sagnik Mukherjee
... for the Appellants.
Mr. Tarak Nath Halder
..... for the Respondent.
Affidavit-of-service filed by the appellants be kept on record.
The present appeal has been preferred challenging the judgment and decree dated 26th July, 2022 passed by the learned Civil Judge (Senior Division), at Sealdah, Dist. - 24- Parganas (South) in Title Suit No.117 of 2013. In connection with the present appeal, an application for injunction, being CAN 1 of 2022 has been preferred.
Mr. Das, learned advocate appearing for the appellants submits that the appellants are in possession of a portion of the suit property and unless the interim order, as prayed for, is passed, the appellants would suffer severe prejudice and the appeal may become infructuous.
Mr. Halder, learned advocate appearing for the sole respondent disputes the contention of the appellant and opposes the prayer for interim order.
2Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, we dispose of the application of injunction, being CAN 1 of 2022 directing the parties to maintain status quo as regards the nature, character and possession of the suit property as on date, in the disposal of the appeal.
The parties are also restrained from creating any third party interest in the suit property till disposal of the appeal.
The parties would, however, be at liberty to apply for modification of the order, if situation so demands.
Let the hearing of the appeal be expedited. As Mr. Halder, learned advocate, has entered appearance on behalf of the sole respondent, service of notice of appeal upon the said respondent is dispensed with.
Lower court records be called for through Special Messenger at the cost of the appellants. Such cost shall be deposited within a week after the Vacation.
Immediately, after arrival of lower court records, the office shall examine the same and, if found complete, shall issue notice of arrival of lower court records to the learned advocates appearing for the appellants and the sole respondent.
Appellants are directed to prepare requisite number of informal paper books - printed, typewritten or cyclostyled, as the case may be, out of Court, within four weeks from the date of service of notice of arrival of lower court records and shall file the same after serving copies 3 thereof upon the learned advocate appearing for the sole respondent.
All formalities regarding preparation of paper books are dispensed with but the learned advocate for the appellants are directed to incorporate all the relevant documents in the informal paper books.
Liberty to mention.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)