Syed Atique Ur Rahaman v. Yasmin Bano And ORS.

Form No. J.(2) Item No. 25

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 29.04.2024 DELIVERED ON: 29.04.2024

CORAM:

THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA M.A.T. 114 of 2024 With I.A. No. CAN 1 of 2024 With I.A. No. CAN 2 of 2024 Syed Atique Ur Rahaman.

Vs.

Yasmin Bano & Ors.

Appearance:- Mr. Shahrukh Raja .........for the appellant Mr. Debottam Das Mr. Tirupati Mukherjee .............for the respondent/writ petitioner

JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal though delayed by more than 200 days, has been filed by the son of the writ petitioner contending that the appellant has got a right to enter into the property.

2. The learned Single Bench noted that it is not a case of police inaction and also directed that the appellant/son should not enter into the property.

3. In our view, the matter is purely a family dispute, which can easily be resolved. After all, the appellant is a son and he owes the present position to none other than his mother. We are confident that if the appellant goes and prays for apology before the mother, definitely, the mother will consider the plea of the appellant, who is none other than her own son.

4. With the said observations, while condoning the delay, the appeal and the connected application stand disposed of without interfering with the order passed by the learned Single Bench.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.) Pallab/KS AR(Ct.)