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Calcutta High CourtCO/2058/2024dismissed as not maintainable

Smarajit Roy Chowdhury v. Rohini Apartment Owners Association And ORS

2024-06-13Hon'Ble Justice Biswajit Basu1 pages

13.06.2024 (D/L-16) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2058 of 2024 Sri Smarajit Roy Chowdhury -Vs- Rohini Apartment Owners Association & Ors.

Mr. Tapas Ghosh, Mr. Uttam Basak, ... For the Petitioner.

The learned Additional District Judge, Fast Track, 1st Court at Howrah by the impugned order no.17 dated April 22, 2024 has dismissed the Miscellaneous Appeal no. 27, 2020 for nonprosecution. The appellant is disputing the finding of the Appeal Court below that he did not intend to press the appeal.

Be that as it may, the petitioner, for redressal of his grievance is required to resort to the provision of Order XLI Rule 19 of the Code of Civil Procedure.

C.O. 2058 of 2024 is, therefore, dismissed as not maintainable without any order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)