Swpan Kumar Joardar And ORS v. Nokulesh Chandra Joardar And ORS

23-08-2021 Item no. 1 Subrata

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction FMAT No.445 of 2021 Swapan Kumar Joardar & Ors.

-vsNokulesh Chandra Joardar & Ors.

with CAN No.1 of 2021 Mr. Asoke Kumar Banerjee, sr. adv.

Mr. Sarajit Sen, adv. ...for the appellants Mr Banerjee, learned senior advocate appearing for the appellants, submits, on instructions, that his clients are not desirous of prosecuting this appeal.

In the circumstances, this appeal and the connected application are dismissed as withdrawn.

Interim order, if any, is vacated.

Mr Banerjee submits which we record that after withdrawal of this appeal, the appellants will take steps to take leave from the court below to withdraw from the suit with liberty to file a fresh one on the same cause of action, inasmuch as there is some technical defect in the plaint. [I.P. Mukerji, J] [Aniruddha Roy, J]