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Calcutta High CourtCPAN/1514/2024dismissed

Smt. Raka Basu Roy v. Sri Dinanath Prasad, Learned 12th Adj, Alipore, South 24 Parganas

2025-02-14Hon'Ble Justice Biswajit Basu1 pages

S/L 3 14.02.2025 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

SPECIAL CIVIL JURISDICTION CPAN 1514 of 2024 In CO 2378 of 2024 Smt. Raka Basu Roy Vs.

Sri Dinanath Prasad Mr. Kaustav Chandra Das Mr. Rabindra Kumar Jaiswal Ms. Debolina Bhar ... for the Applicant.

The applicant is alleging deliberate and willful violation of the order dated July 26, 2024 whereby all further proceedings of the connected Original Suit No.43 of 2023 pending before the 12th Court of learned Additional District Judge at Alipore, District: 24-Parganas (South) was stayed till the end of the month of November 2024.

The applicant is alleging that in spite of communication of the said order, the learned Trial Judge by the order dated July 29, 2024 had proceeded with the hearing of the suit thereby has violated the aforementioned order of this Court.

It appears from the record that by the order dated July 29, 2024 the learned Trial Judge has only taken the evidencein-chief of the P.W.2 on record. Mr. Das, learned advocate for the applicant candidly submits that on subsequent dates the suit did not proceed. The learned Trial Judge by taking the evidence-in-chief on record was not violated the order passed by this Court staying the further proceedings of the suit.

Therefore, CPAN 1514 of 2024 is dismissed without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)