← Library
Calcutta High CourtCO/1683/2024dismissed as withdrawn

Musur Ali Sekh Alias Manchhur Ali v. Sonaruddin Sekh And ANR

2025-01-20Hon'Ble Justice Raja Basu Chowdhury2 pages

M/L - 178 20.01.2025 Court. No. 5 S.Kundu C.O. 1683 of 2024 Musur Ali Sekh @ Manchuum Ali Sekh Vs.

Sonaruddin Sekh & Anr.

Mr. Kamal Krishna Pathak, Mr. Kaustav Seal ...for the petitioner.

1. Challenging the order dated 10th January, 2024 passed by the learned Civil Judge (Senior Division), 3rd Court, Krishnagar, Nadia, in T.S. No. 432 of 2021, rejecting the application for stay of the suit filed under Section 151 of the Code of Civil Procedure 1908 (hereinafter referred to as the "Code"), the instant revisional application has been filed.

2. Mr. Pathak, learned advocate appearing in support of the aforesaid revisional application would submit that the defendant/petitioner upon reviewing its stand is of the view that an appropriate application under Section 10 of the Code ought to have been filed by making appropriate disclosure, having regard thereto he seeks leave to withdraw the aforesaid application with liberty to approach the learned Trial Court.

3. Having heard the learned advocate for the petitioner, since the petitioner does not wish to proceed with the instant revisional application, let the revisional

application being C.O. 1683 of 2024 be dismissed as withdrawn.

(Raja Basu Chowdhury, J.)