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Calcutta High CourtFMA/1678/2018dismissed as infructuous

Subir Kumar Ghosh v. Souvik Ghosh & ORS

2024-12-16Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Partha Sarathi Sen1 pages

AD-39 Ct No.16 16.12.2024 TN FMA 1678 of 2018 IA No: CAN 1 of 2018 (Old No: CAN 3006 of 2018) Sri Subir Kumar Ghosh Vs.

Sri Souvik Ghosh and others Mr. Ayan Banerjee, Ms. Debasree Dhamali ....for the appellant

1. Learned counsel appearing for the appellant submits that the suit from which the present appeal arises has itself been disposed of in the meantime.

2. Since the present appeal has been preferred against the refusal of injunction in the said suit bearing Title Suit No.755 of 2017 of the Second Court of learned Civil Judge (Senior Division) at Barasat, North 24 Parganas, which has itself been disposed of by an ex parte judgment and decree dated May 21, 2024, the present appeal has been rendered infructuous.

3. Accordingly, FMA 1678 of 2018 is dismissed as infructuous. Consequentially, CAN 1 of 2018 (Old No: CAN 3006 of 2018) also stands disposed of.

4. Interim order, if any, stands vacated.

5. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.) (Partha Sarathi Sen, J.)