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Calcutta High CourtCO/145/2017dismissed for default

Saraswati Shaw & ANR. v. Neetu Surana & ANR.

2018-02-05Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

11.1.2023 Ct. no. 652 sb CO 145 of 2017 With CAN 2 of 2018 (Old CAN 1290 of 2018) Smt. Saraswati Shaw & ors.

Vs.

Smt. Neetu Surana & Anr.

Mr. Avijit Chakraborty ...for the Petitioners Mr. Rohit Das Mr. Kishwar Rahman Mr. Indradip Das Mr. Preetam Majumder ..for the opposite parties Re: CAN 2 of 2018 Affidavit of service filed by the petitioners is taken on record.

The ground shown in the restoration application is sufficient. Opposite party did not raise any objection. Let the revisional application be restored in its original file and number.

Accordingly, CAN 2 of 2018 (Old CAN 1290 of 2018) is disposed of.

Re: C.O. 145 of 2017 Being aggrieved by the order dated 16th December, 2016, the present revisional application has been preferred. By the impugned order, Learned court below was pleased to allow the plaintiff's prayer for examination of learned advocate commissioner.

Learned counsel for the opposite parties by filing a copy of the examination of the learned advocate commissioner, submits that the examination of learned commissioner has already been completed by the trial court on 12th December, 2022. Accordingly, the present application has become infructuous.

In view of above, C.O. 145 of 2017 is dismissed as infructuous.

(Ajoy Kumar Mukherjee, J.)