In an application for the return of documents exhibited in the lower court record of a settled appeal, the bench allowed the prayer on the condition that the appellants file certified copies along with a proper receipt.
Documents marked as Exhibit 1 to 28 returned to appellants on filing certified copies and providing proper receipt.
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06.12.2023 132 Ct. no. 652 sb
SA 54 of 2016 With CAN 14 of 2023
Sunil Pal Chowdhury, since deceased, his legal heirs Smt. Chhabi Paul Chowdhury & Ors. Vs. Debojyoti Mukherjee & Ors.
Mr. Sourav Sen Mr. Siddhartha Ghosh …for the Appellants
Mr. Arindam Guha Ms. Arpita Dey ....for the respondent nos. 1,1A, 1B, & 1C
Re: CAN 14 of 2023
This is an application wherein the appellants have prayed for return of the documents marked as Exhibit 1 to 28 in SA 640 of 2008 which was heard analogously with SA 54 of 2016. It is submitted that by an order dated 3rd February, 2023, this court was pleased to dispose of both the appeals in terms of the compromise. The lower court record is still lying before this court and as such he wants to get back the documents marked as Exhibit 1 to 28 from the lower court record.
Learned counsel for the respondents submits that he has no objection if such prayer is allowed by the court.
In such view of the matter, the documents marked as Exhibit 1 to 28 lying in the lower court record may be
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returned to the appellants/plaintiffs on condition that the appellants/plaintiffs will file certified copy of those exhibited documents and also on proper receipt.
The department is directed to take necessary steps
in this regard.
CAN 14 of 2023 is accordingly, disposed of.
(Ajoy Kumar Mukherjee, J.)
1 issue framed by the court
Whether the documents exhibited in the lower court record may be returned to the appellants against the condition of filing certified copies.
Sunil Pal Chowdhury, since deceased, his legal heirs Smt. Chhabi Paul Chowdhury & Ors.
Debojyoti Mukherjee & Ors.
Ajoy Kumar Mukherjee
As recorded by the court registry
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