Banamali Jana v. Kanai Lal Manna & ORS

10.04.2026 Court No.13 Item Nos.17 & 18 AP FAT 487 of 2014 With CAN 6 of 2025 Sri Banamali Jana Vs.

Sri Kanai Lal Manna & Ors.

With FA 9 of 2015 Sri Manas Kumar Das Vs.

Sri Banamali Jana & Ors.

Mr. Prabir Kumar Misra Mr. Priyam Misra Ms. Ankita Mishra ... For the Appellant in FAT 487 of 2014.

Re.: CAN 6 of 2025 In FAT 487 of 2014 1.

CAN 6 of 2025 is an application for seeking recall of the order dated 28th October, 2025.

2.

Sufficient grounds are available to explain the absence of the appellant and his advocate on 28th October, 2025.

3.

The order dated 28th October, 2025 is recalled. 4.

The application being CAN 5 of 2025 in FAT 487 of 2014 is hence restored to its original file and number. 5.

Accordingly, CAN 6 of 2025 is allowed.

Re.: CAN 5 of 2025 In FAT 487 of 2014 6.

It appears that a coordinate Bench of this Court disposed of the appeal by a judgement and order dated

3rd November, 2022. The matter was remanded back to the Trial Court for passing of a preliminary decree on the basis of shares declared, within a period of three weeks from the date of communication of the said order along with LCR.

7.

It appears that the order of the Court and the LCR have been transmitted to the Trial Court without Exhibit 2, 3, 4, 5 and 6 being title deeds, more fully described in CAN 5 of 2025 in FAT 487 of 2014. 8.

The Registry is, therefore, directed to immediately trace out the aforesaid exhibits mentioned in the prayer of CAN 5 of 2025 in FAT 487 of 2014 and transmit the same as expeditiously as possible to the Trial Court for necessary action at their end.

9.

With the aforesaid direction, CAN 5 of 2025 is disposed of.

10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.)