Prem Lal Jain & ANR. v. Vinod Duger & ORS.

29-03-2023 Item no.9 Subrata

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction Appellate Side CAN No.2 of 2023 with CAN No.1 of 2012 (Old CAN No.300 of 2012) in FMA No.659 of 2012 Prem Lal Jain & Anr.

-vsVinod Duger & Ors.

Mr. Soumyajit Mishra ...for the appellants Mr. S. Dutt Majumdar Ms. Pubali Sinha Chowdhury Mr. Samik Biswas ...for the respondents CAN No.2 of filed by the appellants/petitioners/plaintiffs is for dismissal of the appeal in view of the settlement arrived at between the parties during pendency of the appeal.

In view thereof, this application is allowed. The appeal stands dismissed as withdrawn without any liberty to file afresh in respect of the suit property or any portion thereof and against any of the defendants/respondents. The interim order passed on May 4, 2012 stands vacated.

In view of the order in CAN No.2 of 2023, CAN No.1 of 2012 (Old CAN No.300 of 2012) stands dismissed. All interim orders stand vacated.

[Uday Kumar, J] [Soumen Sen, J]