Mrityunjoy Mondal v. Tutul Mondal & ORS

13.7.2023 ct. 236 sk,sl. 11 S.A.T. 322 of 2018 CAN 1 of 2018 CAN 2 of 2021 CAN 3 of 2023 Mrityunjoy Mondal -vs- Tutul Mondal Mr. Ravi R.Kumar ...for the appellant.

Mr. Nilanjan Bhattacharjee Mr. Saikat Dey ...for the added respondent.

Mr. Debjit Mukherjee Mr. S. Chatterjee Mr. D. Ganguly Mr. K.Bhattacharya ...for the respondent nos. 1,3 & 4.

Supplementary affidavit filed on behalf of the respondent nos. 1,3 and 4 is taken on record. Heard learned counsel representing the parties. It is submitted by Mr. D. Mukherjee that the CAN application for order of stay of the operation of the judgment and decree passed on 30th April, 2018 has become infructuous for the simple reason that the final decree has been executed and possession has already been delivered in terms of the said decree vide order dated 16th January, 2021.

Learned counsel representing the appellant admits the said fact. Therefore, I do not find any reason to keep this application pending.

CAN 1 of 2018 is disposed of being infructuous. In re: CAN 3 of 2023.

Mr. Bhattacharjee, learned counsel representing the applicants in CAN 3 of 2023 submits that since the final decree has been passed, the petition cannot be entertained unless the final decree is challenged.

Under such circumstances, the matter is adjourned for six weeks with liberty to mention.

(Siddhartha Roy Chowdhury, J)