Sunil Kumar Roy v. Prallahad Chandra Roy

(02) 01.04.2022 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION SA No. 514 of 1999 (IA No : CAN 1/2000) (Old No: CAN 762/2000).

(CAN 2 of 2021) Sri Sunil Kumar Roy -versus- Sri Prallhad Chandra Roy & ors.

Mr. Ashis Kumar Dutta, ... for the appellant Re : CAN 2 of 2021.

The learned advocate for the appellant submits that the parties have settled their dispute amicably out of Court, as such the appellant has filed this application praying dismissal of the present second appeal for non-prosecution.

CAN 2 of 2021 is allowed.

SA 514 of 1999 is dismissed for non-prosecution without any order as to costs.

Department is directed to send down the lower Court records immediately to the Court below by special messenger at the costs of the appellant, such costs be put in within a week from date.

Re : CAN 1/2000(Old No: CAN 762/2000).

In view of dismissal of the appeal, the application for stay being CAN 1/2000(Old No: CAN 762/2000) has become infructuous and is dismissed accordingly. Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.

(Biswajit Basu, J.)