Bhutnath Datta v. Monmohan Dutta & ANR

22.02.2022 Ct. 21 D/L 11 ab C.O. 1174 of 2020 With IA No.CAN/1/2020(Old No. CAN/5224/2020) With CAN 2/2022 (Via Video Conference) Shri Bhutnath Datta -VsMonmohan Dutta & Anr.

Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta, ... for the petitioner Mr. Partha Pratim Roy, ... for the opposite party No. 1 Parties are represented by their respective learned advocates.

The petitioner, being aggrieved by an order of status quo dated 05.08.2019 passed by the learned District Judge, Nadia, in Misc. Appeal No. 21 of 2019, has preferred the present application under Article 227 of the Constitution of India.

The learned advocate for the petitioner submits that there is no existence of such interim order of status quo at this stage, as the learned District Judge was pleased not to extend such order of status quo since 28.7.2021.

Interim order was last extended till 18.05.2021 vide order No. 9 dated 12.02.2021. From the certified copy of the orders Nos. 10, 11 and 12 dated 28.07.2021,13.09.2021 and 09.02.2022

respectively, it appears that there is no order regarding extension of such interim order of status quo. The learned advocate appearing for the opposite party No. 1 submits that the disputes between the parties have been amicably settled out of court, as the plaintiff/opposite party No. 1 has already disposed of the property in question in favour of the defendant/petitioner herein.

Therefore, the revisional application being C.O. 1174 of 2020 being infructuous is disposed of. Accordingly, all connected CAN applications are also disposed of.

Interim order, if any, stands discharged.

There will be no order as to costs.

All parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent Photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

( Kesang Doma Bhutia, J.)