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Calcutta High CourtFMAT/484/2022dismissed

Durga Dasi @ Sabita Das @ Sugra Begam v. Bani Das And ORS

2023-02-16Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Partha Sarathi Chatterjee1 pages

16.02.2023 Ct. No. 32 rrc FMAT 484 of 2022 with CAN 1 of 2022 with CAN 2 of 2022 (Durga Dasi @ Sabita Das @ Sugra Begam Vs.

Bani Das & Ors.) Md. Nauroz Rahber Mr. Muhommod Jowwod ..... For the appellant Mr. Pratip Kumar Chatterjee .... For the respondents The learned advocate appearing for the appellant submits, upon instruction, that he wants to withdraw the appeal with a liberty to file afresh before the appropriate Court since the judgment impugned was passed by the learned Civil Judge, Junior Division, 1st Court, Kandi, Murshidabad.

This appeal cannot be maintained before us.

Accordingly, the appeal is dismissed as withdrawn. Liberty is given to the appellant to file the appeal before the appropriate Court on the selfsame cause of action.

Liberty is also granted to take back certified copies of judgment and decree appended to the Memorandum of appeal but subject to the deposition of the photocopies of those documents.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)