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Calcutta High CourtCO/3143/2018dismissed as not pressed

Sankar Guha Majumdar v. Smt. Sumitra Chakraborty & ORS

2021-08-16Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

16.08.2021 TN C.O. No. 3143 of 2018 Sri Sankar Guha Majumdar Vs.

Smt. Sumitra Chakraborty and others Mr. Nabankur Paul, Md. Apzal Ansari .... for the petitioner It appears that, in the order dated August 12, 2021, the caption recorded "C.O. No.3134 of 2018". However, the actual number should be read as "C.O. No.3143 of 2018".

Let the order dated August 12, 2021 be deemed to stand corrected accordingly. Let this order be deemed to be a part of the said order.

Affidavit-of-service filed in court today be kept on record.

When the matter is called on for hearing, learned counsel for the petitioner contends that, during pendency of the revisional application, the suit from which the revision arises was disposed of, against which an appeal is pending.

As such, C.O. No.3143 of 2018 is dismissed as infructuous, with liberty to the petitioner to take all grounds pleaded in the present revisional application in the pending appeal against the final decree passed in the suit.

There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)