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Calcutta High CourtFAT/41/2025dismissed as not maintainable

Hasanujaman Mondal v. Md. Mostahid Hossain And ORS

2025-03-05Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar2 pages

5th March, (AK) F.A.T 41 of 2025 IA No: CAN 1 of 2025 Hasanujaman Mondal Vs.

Md. Mostahid Hossain and others Mr. Sounak Bhattacharya Mr. Subrata Sur ...for the appellant.

Mr. Animesh Paul ...for the respondents.

1.

Learned counsel for the appellant, in his usual fairness, submits that the appeal has been wrongly preferred before this court, since as per the valuation of the suit, this court does not have the pecuniary jurisdiction to take up the appeal. 2.

Accordingly, F.A.T 41 of 2025 is dismissed as not maintainable before this court, with liberty to the appellant to prefer an appropriate appeal against the self-same impugned order before the proper court having jurisdiction.

3.

CAN 1 of 2025 is accordingly disposed of as well. 4.

Leave is granted to the learned Advocate-on-record for the appellant to take back the certified copy of

the impugned order upon furnishing a photocopy of the same for the records.

5.

There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)