SMT. KABITA MUKHERJEE Vs. PADAM CHAND BANTHIA

JUDGEMENT

(1.) This is an application basically for the purpose of staying and/or adjourning the hearing of the suit till the disposal of the appeal and application being A.P.O.T. No. 847 of 2000; G.A. No. 4724 of 2000 pending before the Appeal Court and for such further or other orders.

(2.) It appears that it is an ejectment suit initially instituted before an appropriate District Court of 24-Parganas (South) being T.S. No. 103 of 1995. Admittedly, the same has been transferred to this Court by an order of a Single Bench dated 17.11.98. The same was renumbered as E.O.S. No. 33 of 1988. However, after settlement of issues, the suit was proceeded before this Court by way of witness action and on the basis of such settled issues witness action started. After completion of the Examination-in-Chief and Cross- examination of both the plaintiff and defendant's witness, the petitioner being defendant came up with an application before this Court under G.A. No. 4528 of 2000 for the purpose of settlement of further additional issues which are set out in paragraph 11 of the said application as follows :

(3.) Surprisingly, even after obtaining the order in favour of the defendant, an appeal was preferred before a Division Bench of this Court and keeping the said appeal alive, another application was made before this Court for the purpose of deletion of Issue No. 8 as settled initially.