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Calcutta High CourtCRR/2104/2022dismissed as infructuous

Chandrika Sharma v. Ganga Sharma

2022-08-23Hon'Ble Justice Bibek Chaudhuri2 pages

g.b.

23.08.2022 Court No.42 CRR 2104 of 2022 Chandrika Sharma Vs.

Ganga Sharma Mr. Jayanta Das Ms. Soumita Ghosh .......For the Petitioner Mr. S. K. Das Mr. Debdutta Raha ......For the Opposite Party It is submitted by the learned advocate for the petitioner that during the pendency of the instant revision, the petitioner has expired on 10th August, 2022. The instant revision arises out of a proceeding being Misc. Execution Case No.10700 of 2017 pending before the learned Judicial Magistrate, 4th Court at Alipore.

It is also ascertained that the petitioner, since deceased was the father of the opposite party. He filed an application under Section 125 of the Cr. P. C. praying for maintenance allowance against his son, the opposite party herein. M. Execution 10700 of 2017 was instituted for realization of arrear maintenance.

As the petitioner died in the meantime, the instant revision and M. Execution 107 of 2017 become infructuous. Accordingly, the instant revision be dismissed being infructuous.

Photostat copy of the death certificate of the petitioner be kept with the record.

( Bibek Chaudhuri, J. )