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Calcutta High CourtCO/2477/2019dismissed

Dhananjoy Singha v. Ashok Kumar Mukherjee

2021-08-09Hon'Ble Justice Biswajit Basu2 pages

(02) 09.08.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 2477 of 2019 Dhananjoy Singha -versus- Sri Ashok Kumar Mukherjee Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, ... for the opposite party.

None appears on behalf of the petitioner either virtually or physically on call.

E-mail communication to Mr. Pinaki Mitra, learned counsel for the petitioner filed by Mr. Mukherjee is taken on record.

Mr. Debjit Mukherjee, learned counsel appearing on behalf of the opposite party submits that the defendant/opposite party in the connected eviction suit filed an application Section 7(2) of the West Bengal Premises Tenancy Act, 1997 and prayed before the learned Trial Judge that his evidence on the said application may be recorded on commission which the learned Trial Judge by the order impugned in the present revisional application has refused; subsequently, during the pendency of the revisional application, the proceeding under Section 7(2) of the said Act was disposed of and order disposing the said proceeding has been affirmed by this Court in CO 751 of 2020 vide order dated January 28, 2021, Mr. Mukherjee files server copy of the said order which is taken on record.

In view of such development C.O. 2477 of 2019 is dismissed as infructuous without any order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.

(Biswajit Basu, J.)