(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This is an application for stay of the preliminary decree in a Suit for partition.
After hearing the learned counsel for the parties and after taking into consideration the fact that this is an appeal preferred against a preliminary decree in a Suit for partition, we dispose of this application by directing that during the pendency of the appeal, the Commissioner's work pursuant to the preliminary decree may continue but no final decree may be drawn on the basis of the report that may be submitted by the Commissioner during the pendency of the appeal.
Since the plaintiff-respondent has already entered appearance, appeal be treated as ready as regards service. Let hearing of the appeal be expedited. Learned Advocate for the appellant is directed to prepare eight informal copies of the paper book containing plaint, written statement, oral and documentary evidence, exhibited judgment and decree and the memorandum of appeal presented before this Court, within two months from the date of service of notice of arrival of lower Court records . In default to file copies of the paper-book within the aforesaid period, the appeal will stand dismissed. CA stands disposed of.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.
Pardiwala, J.) */Mohandas Top