Tanima Alam Mallick Alias Tanima Islam Mallick v. Rajib Saha And ANR

ORDER SHEET GA 2 of 2020 with APO 13 of 2020

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE TANIMA ALAM MALLICK ALIAS TANIMA ISLAM MALLICK

Versus

RAJIB SAHA AND ANR

BEFORE:

The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE ANIRUDDHA ROY Date : 25th November, 2020.

(Through Video Conference) Mr. Arif Ali, Mr. Surya Maity, Advs.

...for the appellant Mr. Chanchal Kr. Dutt, Mr. Sakya Sen, Ms. Krishna Mullick, Advs.

...for the respondent no. 1 The Court : A pay order for Rs. 28 lakh drawn on IDBI Bank, Kankurgachi Branch has been made over on behalf of the appellant to advocate for the first respondent in Court today. The first respondent unequivocally accepts such payment in full and final satisfaction of the balance decretal dues.

The Registrar, Original Side will return the title deeds of the appellant's property that had been deposited with such Registrar pursuant to previous orders of Court. In view of the money claim of the

first respondent being satisfied, there will be no further impediment in the appellant dealing with the appellant's property in accordance with law.

As a consequence, APO 13 of 2020 along with all interlocutory applications therein including GA 2 of 2020 stand disposed of. EC 185 of 2019 and all pending applications therein should also be treated as disposed of. The decree stands discharged by payment.

In the unlikely event the pay order made over on behalf of the appellant in Court today is dishonoured upon presentation, this order will be of no effect and all rights of the first respondent will revive and the first respondent will be entitled to proceed to realise the balance decretal debt, along with the interest due thereon, in accordance with law.

There will be no order as to costs.

(SANJIB BANERJEE, J.) (ANIRUDDHA ROY, J.) TR/