The Division Bench held that a second appeal filed by a subset of defendants is not maintainable after the impugned decree was set aside by a co-ordinate bench for the benefit of all defendants.
The appeal was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
08 16.11.23
Ct. No. 04
akd
S.A.T. 378 of 2019
CAN 1 of 2019 (Old No. CAN 10624 of 2019
Sri Swadhin Chandra Roy & Ors.
Vs.
Mukul Chandra Roy & Ors.
Mr. Supratim Dhar, Mr. Dhananjay Nayak.
… for the appellants. Mr. Partha Sarathi Bhattacharyya, Mr. Raju Bhattacharyya.
… for the respondent nos. 1-3. Mr. Kumar Jyoti Tewari, Mr. Aniruddha Tewari.
… for the respondent no. 4.
The instant appeal is filed at the behest of some of the defendants, who suffered the decree passed by the 1st Appellate Court on 29th July, 2019. The other defendants preferred a Second Appeal being SAT 392 of 2019 before this Court. The said appeal was taken up on 29th June, 2022 by a Co-ordinate Bench and the said judgement and decree dated 29th July, 2019 was set aside and the matter was remitted to the 1st Appellate Court to decide the appeal afresh.
Since the impugned judgement and decree has been set aside by a Division Bench of this Court, it enures to the benefit of all the defendants, who suffered the said decree. Therefore, the instant appeal at the behest of the other defendants is not maintainable.
The appeal being SAT 378 of 2019 is, thus, dismissed.
There will be no order as to costs.
(Harish Tandon, J.)
(Madhuresh Prasad, J.)
2
1 issue framed by the court
Whether the second appeal filed by some respondents is maintainable when the impugned decree has already been set aside by a Division Bench for the benefit of all defendants.
Sri Swadhin Chandra Roy & Ors.
Mukul Chandra Roy & Ors.
Harish Tandon
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
