Sumati Rani Das And ORS v. M K Nirman Pvt Ltd

M/L 216 28.01.2025 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 1751 of 2024 Smt. Sumati Rani Das & Ors.

Versus

M. K. Nirman Private Limited Mr. Atreya Chakraborty ... For the petitioners.

Mr. Anirban Majumder Mr. Sayantan Mullick ... For the opposite party.

1. The instant revisional application has been filed, inter alia challenging the order dated 8th February, 2024 passed by the learned Civil Judge (Junior Division), 3rd Additional Court at Alipore, South 24-Parganas in Ejectment Suit No. 160 of 2008 whereby the defendants'

application for recalling of the order dated 17th October, 2023 was rejected.

2. It is the petitioners' case that the petitioners are the defendants in a suit for ejectment filed by the opposite party/plaintiff. On 17th October, 2023 the petitioners/defendants sought for an adjournment on the ground of illness of their advocate, however, the learned Court was pleased to reject the prayer for adjournment and the defendants' witness action was also closed.

3. Mr. Majumder, learned advocate appears on

behalf of the plaintiff/opposite party and submits that the Ejectment Suit No. 160 of 2008 has since been decreed by a judgment and decree dated 24th December, 2024. Let a copy of the judgment and decree as placed before this Court be taken on record.

4. Considering the above and taking note of the fact that the ejectment suit itself has been decreed, I am of the view that nothing survives in the revisional application and the same is accordingly disposed of without any further order.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Raja Basu Chowdhury, J.)