Smt Aparupa Sahana v. Smt Nirupa Sahana

AD-04 Ct No.16 18.12.2024 TN FAT 1 of 2022 IA No: CAN 2 of 2024 Smt. Aparupa Sahana Vs.

Smt. Nirupa Sahana Mr. Animesh Paul ....for the appellant Mr. Debnath Ghosh, Ld. Sr. Adv., Mr. Soumyajit Mishra ....for the respondent

1. We find from the records that the deficit court fees have already been put in and, as such, the defect is cured.

In re: CAN 2 of 2024

2. In view of the innocuous nature of the prayer made in CAN 2 of 2024, that is, for passing appropriate orders to ensure expeditious hearing of the appeal, we take it up for hearing.

3. Learned counsel for the appellant submits that the appeal had been previously disposed of by a coordinate Bench. The matter thereafter went up to the Hon'ble Supreme Court, which set aside the judgment and decree of this court and sent the matter back to this court for fresh hearing. Hence, necessary steps are to be taken to expedite such hearing of the appeal.

4. CAN 2 of 2024 is thus disposed of without any order as to costs by directing the appellant to put in the necessary requisites. However, service of notice of the appeal on the respondent is dispensed with in view of appearance of the respondent through her learned Advocate.

5. The trial court records be called for by special messenger at the cost of the appellant, to be deposited within a week from date. The appellant shall prepare and file the requisite number of paper books within eight weeks from the date of service of notice of arrival of the trial court records on the learned Advocate for the appellant.

6. Liberty to the parties to mention for enlistment as and when the appeal is made ready for hearing.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)