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Calcutta High CourtFMA/544/2021disposed

Mariamnessa & ORS v. Sk Mohammed Motiullah & ORS

2021-03-18Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar1 pages

Dl.

17.

March 18, F.M.A.T. 253 of 2019 Ms. Sayani Bhattacharya, ...for the appellants.

The stamp reporter's report dated March 4, 2019 indicates that the appeal is time barred by one day. On the oral prayer made on behalf of the appellants, we condone the delay of one day in filing the appeal. Office is directed to register the appeal if it is, otherwise, in form.

In view of the subsequent orders dated November 28, 2019 and February 4, 2020 passed in the suit, the grievance of the appellants has been adequately addressed and there is no need to consider the merits of the order dated October 1, 2018, which is under challenge in the present appeal. We, accordingly, dispose of the appeal even at the admission stage by directing the learned Civil Judge (Senior Division) at Bongaon, South 24-Parganas, to dispose of the suit being Title Suit No. 59 of 2016 as expeditiously as possible and, if necessary, by giving peremptory directions with regard to procedural matters to make the suit ready for hearing.

There will be no order as to costs.

( Soumen Sen, J. ) dns ( Saugata Bhattacharyya, J. )