Pravin Kukmar Ojha v. Joy Prakash Ganeriwala

FRIDAY Court : 655 Item : DL-14 Matter : CO Status : DD Bench ID : 266053 Transcriber : NANDY

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 1318 of 2006 Pravin Kumar Ojha Vs.

Joy Prakash Ganeriwala & Ors.

Mr. Shyamal Sarkar, Advocate Mr. Aniruddha Mitra, Advocate Mr. Pramod Kumar Bagaria, Advocate ......for the Opposite Party

1. The petitioner is not represented. The opposite parties are represented by the learned Counsel.

2. The instant revisional application is preferred challenging the impugned order dated 10.04.2003 passed by the Trial Court in connection with Title Suit No. 127 of 1987 (Title Suit 71 of 1982). It appears from the materials-on-record that the instant revisional application was dismissed for default on earlier occasion and on the strength of an application filed by the petitioner, the same was restored. It further appears that the instant suit was instituted in the year 1982 and thereafter, an order passed by the Trial Court was assailed in this revisional application.

3. As this revisional application is pending before this Court for a long period of time and the Title Suit is pending before the Trial Court, this Court finds no justification to keep the revisional application alive in the docket of this Court.

4. Therefore, the revisional application being CO 1318 of 2006 is dismissed for default. However, there shall be no order as to costs.

5. Interim order, if there be any, shall stand vacated. (Prasenjit Biswas, J)