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Calcutta High CourtCO/1193/2021dismissed

Mominul Haque v. Amanul Haque

2021-07-20Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

20.07.2021 mb In the High Court at Calcutta Civil Jurisdiction Appellate Side C.O. No. 1193 of 2021 Mominul Haque -Vs.- Amanul Haque Mr. Sounak Bhattachrya, Mr. Shiladitya Barma, Mr. Sumitava Chakraborty, Ms. Sujatna Mukherjee ...for the petitioner Affidavit-of-service filed in Court today be kept on record.

None appears for the opposite party despite service.

However, since the impugned order is an appellable one and an equally efficacious remedy is available, in the form of an appeal before the appropriate forum, to the petitioner, the revisional application is not entertained.

Accordingly, C.O. No. 1193 of 2021 is dismissed as not maintainable, without going into the merits of the matter, with liberty to the petitioner to approach the competent appellate court with a challenge to the order impugned herein.

Such appeal, if preferred, shall be decided without being influenced in any manner by any of the observations made herein.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)