Nalini Biswas And Orrs v. Goutam Kumar Biswas

Item No.m 20.01.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Ct CO 202 of 2023 rup Sri Nalini Biswas & Ors.

Vs Goutam Kumar Biswas Mr. Suprobhat Bhattacharya, Mr. Md Habibur Rahman ... for the petitioners.

1. This revisional application has been filed assailing the order dated 4th January, 2023 passed in connection with Miscellaneous Case No. 11 of 2019 arising out of Miscellaneous Appeal No. 103 of 2014 pending before the Learned Additional District Judge, 2nd Court, Islampur, Uttardinajpur. Learned Appellate Court allowed the Misc. Case and restored the Misc. Appeal No. 2 of 2019 to its original form and number.

2. Learned counsel appearing on behalf of the petitioners has submitted that on the same day i.e. 4th January, 2023, one application for stay of Misc. Appeal No.2 of 2019 was filed but that was not heard.

3. However, learned counsel appearing on behalf of the petitioners has submitted that he has no

objection regarding restoration of the Misc. Appeal No. 2 of 2019 after disposing of the Misc. Case No. 11 of 2019.

4. In the aforesaid facts and circumstances discussed hereinabove, I find no reason to ask the petitioners to serve notice upon the opposite party.

5. Accordingly, the service of notice upon the opposite party stands dispensed with.

6. On careful perusal I do not find any reason to interfere with the order impugned in exercise of the provision of Article 227 of the Constitution of India.

7. Thus, the revisional application stands dismissed.

8. Liberty is given to the petitioners to mention the application for stay of appeal being No. 2 of 2019 before the Trial Court.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

10.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)