Fazila Begum And ORS v. Md Matin Alias Sekh And ORS

Sl. 11 24.03.2025 Court No.6 BP C.O. 928 of 2025 Fazila Begum & Ors.

-versusMd. Matin Alias Sekh & Ors.

Mr. Arup Krishna Das Mr. Abdus Salam .... for the petitioner The learned Civil Judge (Junior Division), 1st Court at Bolpur by an order dated November 22, 2024 in Miscellaneous (P) Case No. 26 of 2016 recorded that the misc. case stood abated.

Mr.

Das, learned advocate appearing for the petitioner submits that the misc. case did not abate as the heirs were substituted in a proceeding under Article 227 of the Constitution of India.

However, since misc. case stood abated it will be open to the petitioners to take appropriate steps under the provisions of the Code of Civil Procedure for setting aside abatement.

C.O. 928 of 2025 stands disposed of.

No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)