Usha Rani Dey & ORS. v. Aftab Uddin Mumtaz & ORS.

F.A. 7 of 2011 CAN 6 of 2023 CAN 7 of 2023 CAN 8 of 2023 27.06.23 Ct. No. 04 akd Smt. Usha Rani Dey & Ors.

Vs.

Aftab Uddin Mumtaz & Ors.

-------- Mr. Bhagbat Chaudhuri, Mr. Subrata Mukherjee.

... for the appellants.

Mr. Amal Krishna Saha, Mr. Tapan Sil.

... for the respondents.

Re: CAN 6 of 2023 This is an application at the instance of the appellants for dismissal of the instant appeal. It is indicated therein that the parties have amicably settled the dispute and, therefore, the appellants have decided not to proceed with the instant appeal and pray for dismissal thereof.

The instant application though affirmed by the third appellant, but at the footnote of the prayer portion thereof all the appellants have put their signature signifying their assent or consent to the dismissal of the instant appeal.

The respondents also do not object to such prayer.

Accordingly, the appeal is dismissed for nonprosecution. The interim order, if there be any, stands vacated.

CAN 6 of 2023 is thus disposed of.

Let the Lower Court Records, if arrived to this Court, be immediately sent down to the Trial Court through special messenger at the cost of the respondents. Such cost shall be put in within a week from date.

Office is directed to take immediate steps for sending down the Lower Court Records upon deposit of the special messenger cost, which shall not exceed three weeks from the date of such deposit.

In view of the dismissal of the instant appeal for non-prosecution, all connected applications are, accordingly, dismissed.

(Harish Tandon, J.) (Prasenjit Biswas, J.)