Bidesh Pal And ORS v. Deity Sri Sri Kalimata Thakurani Rep By Sebaits Goutam Pal And ORS

D/L.40.

February 18, 2025.

MNS.

FMA No. 1455 of 2024 + CAN 1 of 2024 Sri Bidesh Pal and others Vs.

Deity Sri Sri Kalimata Thakurani represented by its Sebaits Sri Goutam Pal and others Mr. Sanjoy Mukherjee, Mr. Arghadip Das, Mr. Chiranjit Pal ... for the appellants.

Mr. Mrinal Kanti Ghosh, Mr. Santimoy Bhattacharyya, Mr. Ziaul Haque, Mr. Anirban Das ...for the respondent nos. 1 to 4.

1. Learned counsel for the respondents rightly contends that the appeal is not maintainable before this Court.

2. Learned counsel for the appellants, in his usual fairness, concedes to the proposition that in view of the valuation of the suit from which the present appeal arises, this Court does not have jurisdiction to entertain the appeal.

3. Accordingly, FMA No. 1455 of 2024 as well as the connected application, bearing CAN 1 of 2024, are dismissed as not maintainable before this Court due to lack of pecuniary jurisdiction, with liberty to the appellants to approach before the appropriate

court with an appeal against the self-same impugned order.

4. There will be no order as to costs.

5. Leave is granted to the learned Advocate-on-record for the appellants to take back the certified copy of the impugned order upon furnishing a proper photocopy of the same for the records.

(Uday Kumar, J.) (Sabyasachi Bhattacharyya, J.)