Md. Shakil v. Sm. Jamuna Devi Jaipuria And 7 Others

OD-7 ORDER SHEET CS/56/2019 IA No.GA/2/2019

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE MD. SHAKIL

Versus

SM. JAMUNA DEVI JAIPURIA AND 7 OTHERS

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : February 8, 2023.

Appearance :

Mr. Debnath Ghosh, Adv.

Ms. Sayani De, Adv.

... for the defendant nos. 4 to 8 The Court: The matter was listed as "To Be Mentioned" on 1st February, 2023 but none appeared on behalf of the plaintiff and for the interest of justice, the matter was adjourned till today. In the order dated 1st February, 2023 it is mentioned that in case none appears on behalf of the plaintiff, appropriate orders will be passed. Today when the matter is called, none appears on behalf of the plaintiff and no accommodation is sought for.

Counsel for the defendant nos. 4 to 8 submits that since long none appears on behalf of the plaintiff and prays for dismissal of the instant suit.

Considered the prayer made by the counsel for the defendant nos.4 to 8. Perused the record.

It is found from the record that the plaintiff is not interested to proceed with the matter.

In view of the above, this Court has no other alternative but to dismiss the suit. Accordingly, CS/56/2019 is dismissed for default. Consequently, connected application is also dismissed. The Department is directed to draw up the decree accordingly. (KRISHNA RAO, J.) RS