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Calcutta High CourtCO/3529/2025dismissed as withdrawn

Rupali Maulik v. Sujata Roy And ORS

2025-09-24Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Sl.31 24.09.2025 Court No.6 BP C.O. 3529 of 2025 Smt. Rupali Maulik -versusSujata Roy & Ors.

Mr. H.L. Majumdar Ms. Madhuja Ritwika ..for the petitioner The learned advocate appearing for the petitioner submits that there is a typographical error in the certified copy of the order impugned. He further submits that in the certified copy of the order impugned it has been mentioned that the suit is a title suit but in effect the suit is an ejectment suit.

The learned advocate for the petitioner produces a copy of the information slip in support of his contention that such error has been rectified in the meantime. He submits that till date the petitioner has not got the corrected certified copy of the order impugned. Such submission of the learned advocate for the petitioner is placed on record.

This application under Article of the Constitution of India is at the instance of the plaintiff and is directed against an order dated 16th June, 2025 passed by the learned Civil Judge (Junior Division), 2nd Additional Court at Alipore in Ejectment Suit No. 30684 of 2004.

By the order impugned the application under Order 1 Rule 10(2) of the Code of Civil Procedure filed on February 10, 2025 by the heirs of the deceased defendant no.3 stood allowed.

After some argument the learned advocate appearing for the petitioner submits that the petitioner be given liberty to withdraw this application.

In the light of the submissions made by the learned advocate for the petitioner, C.O. 3529 of 2025 stands dismissed as withdrawn.

(Hiranmay Bhattacharyya, J.)