Arun Kumar Misra v. Amal Kumar Sanyal

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION 26.08.2022 SAT 151 of 2022 With CAN 1 of 2022 Arun Kumar Misra Vs.

Amal Kumar Sanyal Mr. Asish Chandra Bagchi, Sr. Advocate Mr. Prabir Kumar Misra Mr. Shibendra Nath Chattopadhyay Ms. Priyam Misra .... For the Appellant. There is no merit in this intended second appeal.

No question of law, far less any substantial question of law is involved.

It is an admitted position that the appellant has been a licensee in the subject premises under the respondent and/or his predecessor in interest. Only on some untenable technical grounds the appeal is sought to be maintained, namely that all the cosharers of the property were not joined as plaintiffs in the suit for eviction against the appellant.

S.D.

We do not admit the appeal.

The appeal (SAT 151 of 2022) and the connected application (CAN 1 of 2022) are dismissed.

However, considering all the circumstances, we grant time to the appellant up to 31st August, 2023 to vacate the premises.

The respondent shall not take any steps in execution and suspend execution proceedings, if already taken during this period. If the appellant does not vacate the premises by 31st August, 2023, execution of the decree may be carried out.

(I.P. Mukerji, J.) (Subhendu Samanta, J.)