Form No. J(2)

In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Supratim Bhattacharya FMAT 174 of 2025 IA No: CAN 1 of 2025 CAN 2 of 2025 Sukanya Das and another Vs.

Sri Sankar Dutta For the appellants : Mr. Sayantan Bose, Ms. Priyanka Gope For the respondent : Mr. P. Das, Mr. G. Das, Mr. M. Patra Heard on : 02.02.2026 Judgment on : 02.02.2026 Sabyasachi Bhattacharyya, J.:-

Re: CAN 1 of 2025

1. Upon hearing learned counsel for the parties, we find that sufficient explanation for the delay of 21 days in filing the appeal has been made out.

2. Accordingly, CAN 1 of 2025 is allowed, thereby condoning the delay in preferring FMAT 174 of 2025.

3. There will be no order as to costs.

Re: FMAT 174 of 2025 CAN 2 of 2025

4. In view of arguable questions having been raised, the appeal is admitted for being heard on the grounds taken in the memorandum thereof.

5. Upon putting the parties on notice, in view of short ambit of the appeal, the hearing of the appeal itself is taken up along with the application.

6. The matter arises under peculiar circumstances.

7. The defendant/respondent herein has filed a