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Calcutta High CourtFA/32/2021dismissed

Pranati Maity v. Kajal Baran Bera & ORS.

2025-04-02Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar2 pages

Form No. J(2) In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side

Present:

The Hon'ble Justice Sabyasachi Bhattacharyya And The Hon'ble Justice Uday Kumar FA 32 of 2021 IA No: CAN 1 of 2018 (Old No: CAN 4373 of 2018) CAN 3 of 2024 Smt. Pranati Maity Vs.

Sri Kajal Baran Bera and others For the appellant :

Mr. Manish Kumar Das, Mr. Ziaul Haque, Mr. Kartik Das For the respondent no.1 :

Mr. Balailal Sahoo Heard on :

02.04.2025 Judgment on :

02.04.2025 Sabyasachi Bhattacharyya, J.:- 1.

CAN 3 of 2024 is an application substantially for withdrawal of the appeal on the ground that the parties have already filed a compromise petition in the court below in connection with the partition suit, against the preliminary decree passed in which the present appeal has been preferred.

2.

Upon hearing learned counsel, we accordingly allow CAN 3 of 2024 without any order as to costs.

3.

Accordingly, FA 32 of 2021 along with CAN 1 of 2018 (Old No: CAN 4373 of 2018) are dismissed as withdrawn.

4.

The department shall send down the records to the trial court at the earliest.

(Sabyasachi Bhattacharyya, J.) I agree.

(Uday Kumar, J.) AD-11 TN