Amit Kumar Dutta v. Sitaram Shaw & ORS.

OD-8 ORDER SHEET CS/41/2016

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AMIT KUMAR DUTTA -VSSITARAM SHAW & ORS.

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : May 10, 2023.

Appearance:

Mr. Abhijit Ghosh, Adv.

Mr. Arijit Roy, Adv.

Mr. Balarko Sen, Adv.

...for the plaintiff Mr. Rajesh Upadhyay, Adv.

Mr. Rittick Chowdhury, Adv.

...for the defendant nos.1, 2, 3, 8 & 10 The Court: Counsel for the respective parties are present. Counsel for the defendant nos. 1, 2, 3, 8 & 10 submits that the defendants have handed over the possession of the property to the plaintiff and the plaintiff has taken the possession of the same. The parties have reached at a settlement and have executed the Terms of Settlement on 1st May, 2023.

As the defendant nos.1, 2, 3, 8 & 10 have handed over the possession to the plaintiff and the plaintiff has taken the possession and have settled their disputes by entering into the Terms of Settlement, accordingly decree can be passed by making the Terms of Settlement as part of the decree.

Counsel for the defendant nos.1, 2, 3, 8 & 10 submits that though the other defendants are not appearing but they are not in occupation of the of the room and there is no dispute with regard to them. Accordingly, CS/41/2016 is disposed of in terms of the Terms of Settlement dated 1st May, 2023 entered into by and between the plaintiff and the defendant nos.1, 2, 3, 8 & 10.

The department is directed to draw up the decree by making the Terms of Settlement as part of the decree.

(KRISHNA RAO, J.) sp3