Surajit Biswas Alias Gobindo v. Probir Kumar Das And ORS

OD - 4 ORDER SHEET APO 28 OF 2020 WITH WPO 628 OF 2018 GA 1 OF 2020 GA 707 OF 2020

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE SURAJIT BISWAL ALIAS GOBINDO

Versus

PROBIR KUMAR DAS AND ORS.

BEFORE:

The Hon'ble JUSTICE SUBRATA TALUKDAR The Hon'ble JUSTICE HIRANMAY BHATTACHARYYA Date : 14TH JANUARY, 2021.

Appearance:

Mr. A. K. Ghosh, Adv.

Mr. A. Banerjee, Adv.

Ms. M. Nath, Adv.

For the KMC The Court : None appears in support of the appeal. No accommodation is sought.

Mr.

Ghosh, learned Counsel, appears for the respondents/Kolkata Municipal Corporation (KMC) and submits that this appeal is not maintainable.

It is further submitted that the order is not a judgement and order within the meaning of Clause 15 of the Letters Patent, since the lis pending before the Hon'ble Single Bench is yet to be decided finally. It is pointed out that the Hon'ble Single Bench directed the writ petition to appear for consideration as a Specially Fixed matter on the 21st of January, 2021.

Considering the materials placed, prima facie this Court is persuaded to accept the submissions of Mr. Ghosh. However, to grant the appellant an opportunity to assist this Court on the next date, let the matter be posted next under the heading "Applications" on the 19th of January, 2021. (HIRANMAY BHATTACHARYYA, J.) (SUBRATA TALUKDAR, J.) S.De