Balaram Sarkar v. Sadhan Sarkar And ORS

16.8.2023 Ct. no. 652 sb FMA 3201 of 2013 With CAN 5 of 2022 Balaram Sarkar Vs.

Dinabandhu Sarkar Mr. Partha Pratim Roy Mr. Sarbananda Sanyal Ms. Poulami Chakraborty ...for the Respondent Re: CAN 5 of 2022 Affidavit of service filed by the respondent is taken on record. Inspite of service opposite parties are not represented.

The respondent submits that taking into consideration of the terms and conditions of settlement which was registered on 22nd January, 2021, arrived at between the parties for settling the dispute among the parties, the respondent has already handed over possession of portion as agreed in favour of the appellant and after delivery of possession appellant herein constructed a boundary wall as per settlement but did not take steps for withdrawl of the instant appeal from this court in terms of settlement. Accordingly, the respondent has prayed for dismissal of the appeal, in terms of settlement.

Having considered the facts and circumstances of the case, and in the absence of any opposition the prayer made by the respondent herein is allowed.

CAN 5 of 2022 is accordingly disposed of.

Re: FMA 3201 of 2013 In view of the disposal of CAN 5 of 2022, FMA 3201 of 2013 is dismissed in terms of the agreement. (Ajoy Kumar Mukherjee, J.)