Madhusudan Roy v. Swapan Majumder

Sl.24 04.09.2025 Court No.6 BP C.O. 3176 of 2025 Madhusudan Roy -versusSwapan Majumder Mr. Ranjit Mondal ... for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 11 dated 22nd July, 2025 passed by the learned Civil Judge (Junior Division), 1st Court at Barasat in Title Suit No. 621 of 2024.

By the order impugned the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure was allowed thereby directing both the parties to maintain status qua in respect of the suit schedule property till the disposal of the said suit. Such order is an appealable one under the provisions of Order 43 Rule 1 ( r) of the Code of Civil Procedure.

In view thereof, this Court is not inclined to entertain this civil revisional application.

Faced with such situation, the learned advocate appearing for the petitioner prays for leave to withdraw the civil revisional application with liberty to approach the appropriate forum in accordance with law. In the light of the prayer made by the learned advocate for the petitioner, C.O. 3176 of 2025 stands

dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum in accordance with law. The petitioner is permitted to take back the certified copy of the order impugned by replacing the same with photostat copy thereof.

(Hiranmay Bhattacharyya, J.)