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Judgment
The appellants/applicants are directed to serve copies of this application upon the respondents/opposite parties by speed post with acknowledgement due within 10 days and to file an affidavit of service to that effect on the next date.
The opposite parties shall have the liberty to file an affidavit-in-opposition to the application and the applicants shall have the liberty to file their affidavit-in-reply thereto, if any.
Let this matter appear as an 'Application' in the combined monthly list of February, 2019.
After hearing Mr. Bagchi, the learned advocate for the appellants/applications and after going through the application, we are of the view that the appellants/applicants have been able to make out a prima facie case for the grant of an ad-interim order of injunction.
The opposite parties are restrained from executing the part decree of eviction which has been impugned in the present appeal as well as from interfering with the possession of the applicants in the disputed property for a period of 12 weeks or until further order whichever is earlier.
The applicants are directed to communicate the gist of this order to all the opposite parties while effecting service of this application upon them.
Re: F.A.T. 151 of 2018
Perused the stamp reporter's note and heard Mr. Bagchi on it.
Mr. Bagchi submitted that the challenge in this appeal is against a part decree granted by the learned trial Judge and, therefore, this appeal had been valued at Rs. 551/-.
The explanation and break-up of valuation has been indicated in the memorandum of appeal itself.
The stamp reporter is directed to re-visit his noting on the insufficiency of court fees. In case he is not satisfied with the valuation of the appeal and court fees put in by the appellants, he shall serve a notice upon the learned advocate for the appellant for verification.
Let the lower court records of this case be called for by a special messenger at the cost of the appellants. Let such cost be put in within a week.
After arrival of lower court records, the office shall examine the same and, if found complete, shall issue notice of arrival of lower court records on the learned advocate for the appellants.
The appellants are directed to prepare and file requisite number of paper books, out of Court, within a period of eight weeks from the date of receipt of notice of arrival of lower court records.
All formalities regarding preparation of paper books are dispensed with, but the learned advocate for the appellants are directed to incorporate all the relevant documents in such paper books.
Office is directed to serve notice of appeal upon the respondents.
Liberty to mention.