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Calcutta High CourtSA/54/2016disposed

Sunil Pal Chowdhury & ORS. v. Debojoti Mukherjee

2023-02-03Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

06.12.2023 Ct. no. 652 sb SA 54 of 2016 With CAN 14 of 2023 Sunil Pal Chowdhury, since deceased, his legal heirs Smt. Chhabi Paul Chowdhury & Ors.

Vs.

Debojyoti Mukherjee & Ors.

Mr. Sourav Sen Mr. Siddhartha Ghosh ...for the Appellants Mr. Arindam Guha Ms. Arpita Dey ....for the respondent nos. 1,1A, 1B, & 1C Re: CAN 14 of 2023 This is an application wherein the appellants have prayed for return of the documents marked as Exhibit 1 to 28 in SA 640 of 2008 which was heard analogously with SA 54 of 2016. It is submitted that by an order dated 3rd February, 2023, this court was pleased to dispose of both the appeals in terms of the compromise. The lower court record is still lying before this court and as such he wants to get back the documents marked as Exhibit 1 to 28 from the lower court record.

Learned counsel for the respondents submits that he has no objection if such prayer is allowed by the court.

In such view of the matter, the documents marked as Exhibit 1 to 28 lying in the lower court record may be

returned to the appellants/plaintiffs on condition that the appellants/plaintiffs will file certified copy of those exhibited documents and also on proper receipt. The department is directed to take necessary steps in this regard.

CAN 14 of 2023 is accordingly, disposed of.

(Ajoy Kumar Mukherjee, J.)