Calcutta High Court
SAT/135/2017 of AZIMUDDIN & ORS Vs KALIMUDDIN & ORS on 7 October 2026
7, 2026. MNS. SAT No. 135 of 2017 + CAN 2 of 2017 (Old CAN 3576 of 2017) + CAN 3 of 2022 Azimuddin and others Vs. Kalimuddin and others Mr. Pritam Chowdhury, Mr. Shaharayar Alam, Advs. … for the appellants. Mr. S. O. Obaidullah, Ms. Ankita Dey, Advs. …for the respondents. 1. The
D/L.17.
October 7, 2026.
MNS.
SAT No. 135 of 2017
+
CAN 2 of 2017 (Old CAN 3576 of 2017)
+
CAN 3 of 2022
Azimuddin and others
Vs.
Kalimuddin and others
Mr. Pritam Chowdhury,
Mr. Shaharayar Alam, Advs.
… for the appellants.
Mr. S. O. Obaidullah,
Ms. Ankita Dey, Advs.
…for the respondents.
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1. The present second appeal will be heard on the following substantial question of law: Whether both the courts below substantially erred in law in declaring the title of the plaintiffs/respondents, and consequentially granting permanent injunction, merely on the strength of records of rights, contrary to the well-settled legal position that entries in records of rights cannot confer or take away the title of any person.
Re : CAN 2 of 2017 (Old CAN 3576 of 2017)
(stay application)
2. There shall be stay of operation of the impugned judgments and decrees of both the courts below and Title Execution Case No. 02 of 2022 pending before the learned
2 Civil Judge (Junior Division), Islampur, District: Uttar Dinajpur, till disposal of the appeal.
3. CAN 2 of 20127 (Old CAN 3576 of 2017) is disposed of accordingly.
4. There will be no order as to costs.
Re: SAT No. 135 of 2017.
5. In view of appearance of the respondents through counsel, service of notice of appeal on the respondents is dispensed with and the appeal be treated to be ready as regards service by appearance.
6. The trial court records shall be brought by special messenger at the cost of the appellants, to be deposited within a week from date.
7. The appellants shall prepare and file the requisite number of informal paper books incorporating all relevant documents, without comparing with the records, within December 15, 2026.
8. Liberty to the parties to mention the appeal for enlistment before the appropriate learned Single Judge then having determination, as and when the same is ready for hearing.
(Sandip Kumar De, J.) (Sabyasachi Bhattacharyya, J.)