← Library
Calcutta High CourtCO/1666/2024disposed

Shreya Biswas Nair v. Anup Kumar Biswas And ANR

2024-12-11Hon'Ble Justice Raja Basu Chowdhury2 pages

M/L 1038 11.12.2024 Court. No. 5 suvayan CO 1666 of 2024 Shreya Biswas (Nair) Vs.

Anup Kumar Biswas & Anr.

Mr. Jayanta Samanta Mrs. Paromita Malakar (Dutta) ... for the Petitioner.

Mr. Partha Pratim Roy Mr. Rwitendra Banerjee Mr. Shibasis Chatterjee Mr. Aritra Roy Chowdhury ...for the opposite parties.

1. Both Mr. Samanta, learned Advocate representing the petitioner and Mr. Roy, learned Advocate representing the opposite parties by jointly placing before this Court the terms of settlement which is duly signed by the petitioner as also by the opposite party Nos. 1 and 2 and their respective Advocates would submit that the parties are agreed to a partition on the terms provided for in the said settlement.

2. They would jointly submit that the parties have also agreed that in terms of the aforesaid settlement not only a preliminary decree be passed but also the parties shall jointly apply before the learned Trial Court for passing a final decree in terms of the aforesaid settlement.

3. Having regard thereto, I am of the view that the instant revisional application can be disposed of by recording the above settlement. Let a photocopy of the aforesaid settlement be retained on the file and let the above civil revisional application be disposed of on the basis of and by recording the aforesaid settlement, on the specific

undertaking given by the parties including the power of attorney holder of the petitioner who is present in Court, that appropriate application shall be filed before the learned Trial Court within 15 days from date, for giving effect to the aforesaid settlement in the manner provided therein. Let a copy of the aforesaid settlement be taken on record.

4. With the above observation, the revisional application being CO 1666 of 2024 is disposed of.

5. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Raja Basu Chowdhury, J.)