Jayanti Biswas And ORS v. Adhir Kumar Paul And ORS

20.05.2025 DL.144 Court No. 652 sg C.O. 1671 of 2023 With IA. No. CAN 1 of 2024 Jayanti Biswas & Ors.

Vs.

Adhir Kumar Paul & Ors.

Mr. M. Rahman Mr. Sankar Paul Ms. Shipra Ray ....for the petitioner.

Mr. Kartick Kr. Bhattacharya Mr. Tulsi Das Roy Ms. Soumashree Dutta ....for the respondents.

Affidavit of service filed by the petitioner is taken on record.

After making some submissions by both the parties, learned Counsel submits that the plaintiff/petitioner may move fresh application under appropriate provisions and the Court may decide the same in accordance with law.

With consent of both the parties since fresh application has to be moved the impugned order in Title Suit No. 146 of 2020 dated 03.01.2023 is set aside. Let application be moved by the plaintiff/petitioner. Learned Trial Court shall call

the objections of the defendant/opposite parties and shall decide the application afresh expeditiously in accordance with law.

It is pertinent to mention that this Court has not gone into the merits of the case and no expression made herein shall tantamount to be merits of the case.

Accordingly, petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities.

( Dinesh Kumar Sharma, J.)