Ashalata Dey & ORS v. Sankar Prasad Dey & ANR

04.05.2022 Ct. 21 D/L 1-2 ab C.O. 241 of 2016 with IA No. CAN/1/2016 (Old No. CAN/ 9660/2016) With CAN/2/2017 (Old No. CAN/10089/2017) With CAN/3/2017 (Old No. CAN/11050/2017) With CAN 4 of 2022 (Via Video Conference) Smt. Ashalata Dey & Ors.

-VsSri Sankar Prasad Dey & Anr.

With C.O. 523 of 2016 With IA No. CAN/1/2016 (Old No. CAN/ 9661/2016) With CAN/2/2017 (Old No. CAN/10090/2017) With CAN/3/2017 (Old No. CAN/11049/2017) Smt. Ashalata Dey & Anr.

-VsSri Sankar Prasad Dey & Anr.

Mr. Saptangshu Basu, Mr. Prasanta Kumar Banerjee, Ms. Mrinalini Majumder, Ms. Indrani Nandi, Ms. Krishna Yadav, ... for the petitioners Mr. Srijib Chakraborty, Mr. Aditya Mondal, Mr. Shyamal Sanyal, ... for the opposite parties

Mr. Saptangshu Basu, learned Senior Advocate appears for the petitioners and Mr. Srijib Chakraborty, learned advocate appears for the opposite parties. Parties are also personally present in Court and they filed an application for compromise being CAN 4 of 2022 in connection with C.O. 241 of 2016 praying for disposal of the application being C.O. 241 of 2016 filed under Section 24 of the Code of Civil Procedure as per the terms and conditions of settlement which they have annexed in the application (CAN 4 of 2022).

Let the application being CAN 4 of 2022 be treated as on day's list.

Perused the terms and conditions enumerated in the compromise application and I do not find the terms and conditions to be extraneous or illegal.

Accordingly, the application being C.O. 241 of 2016 and the connected applications thereto, are disposed of on being compromised and the parties are at liberty to file necessary application before the learned Court below where the other suits are pending between the parties, as per terms and conditions of settlement filed by them before this Court today.

The learned advocate for the petitioners does not want to press the application being C.O. 523 of 2016 Accordingly, the application being C.O. 523 of 2016 and the connected applications thereto, are dismissed for non-prosecution.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)