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Calcutta High CourtFMAT/245/2025dismissed

Sakir Ali @ Munna And ORS v. Saleha Begum And ORS

2025-08-04Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar2 pages

AD- 40 Ct No.10 04.08.2025 (SSS) FMAT 245 of 2025 With CAN 1 of 2025 Sakir Ali @ Munna and Ors.

Vs.

Saleha Begum and Ors.

Mr. Subhrangsu Maiti ...for the appellants.

1.

Learned counsel for the appellants submits that the appeal has been preferred erroneously before this court and that this court does not have the pecuniary jurisdiction to take up the appeal.

2.

We find from the memorandum of appeal that the order of a learned Civil Judge (Junior Division) has been challenged therein and as such, it is quite obvious that this court does not have pecuniary jurisdiction.

3.

Accordingly, FMAT 245 of 2025 is dismissed as not maintainable before this court due to lack of pecuniary jurisdiction, with liberty to the appellants to prefer appeal against the impugned order before the appropriate forum/court.

4.

The learned Advocate-on-record for the appellants shall be at liberty to take back the

certified copy of the impugned order upon furnishing a photocopy of the same for the records.

5.

CAN 1 of 2025 is consequentially disposed of. 6.

No order as to costs.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)