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Calcutta High CourtCO/1594/2014dismissed

Paritosh Das v. Baisakhi Pramanik

2023-07-12Hon'Ble Justice Siddhartha Roy Chowdhury1 pages

12.7.2023 Ct. 236 SB C.O. 1594 of 2014 In the matter of : Paritosh Das & Anr.

None appears on behalf of the petitioner.

This revisional application challenges the Order No. 21 dated 15.3.2014 passed by the learned Civil Judge, (Junior Division), 3rd Court, Diamond Harbour, in P. Misc. 31/12 which is a suit for partition, as it appears from the averment made in the petition. By the impugned order learned Trial Court was pleased to adjourn the hearing with cost of Rs.100/- and posted the matter on 17.5.2014 for further hearing on P.W. 1. An application filed by the petitioners to determine the valuation of 840 sq. ft. of land was taken on record and learned Trial Court observed that the petition would be disposed of along with suit. The order impugned does not suffer from any perversity and there is sufficient reason to presume that the order of adjournment passed on 15.3.2014 in absence of any order of stay has lost its relevance.

The revisional application is devoid of merit and is dismissed.

Interim order of stay, if any, stands vacated. Let a copy of the order be sent to the learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)