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Calcutta High CourtFMAT/223/2022dismissed

Sekendar Khan v. Soumya Sahu

2023-01-20Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Biswaroop Chowdhury3 pages

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION 20.1.2023 F.M.A.T. 223 of 2022 With CAN 1 of 2022 Sekendar Khan Vs.

Soumya Sahu Mr. Mukteswar Maity Ms. Manika Sarkar ... For the Appellant. Mr. Subhamay Patra Mr. Tarak Nath Jaiswal ... For the Respondent. Re: CAN1 of 2022 Learned counsel for the appellant very fairly concedes that under Section 9(6) of the West Bengal Land Reforms Act, 1955, this appeal is not maintainable before this court. Accordingly, on this ground this appeal be dismissed with liberty to the appellant to challenge the impugned order of the learned munsif before the appropriate jurisdiction on the self-same grounds, it is submitted.

Advocate on record for the appellant/petitioner is permitted to withdraw the original certified copy of the S.D.

impugned judgement and order on the condition that a photocopy of the same duly verified by a competent officer of the court would be filed in the department and be

retained by it in lieu of the returned certified copy. The appeal and the connected application (CAN 1 of 2022) are hereby dismissed with the above liberty. (I.P. Mukerji, J.) (Biswaroop Chowdhury, J.)