Man Mohan Garodia v. Govardhan Prasad Garodia And ORS

OD-18 & 19 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE IA NO. GA/2/2023 In CS/37/2023 MAN MOHAN GARODIA -VSGOVARDHAN PRASAD GARODIA AND ORS.

IA NO. GA/3/2023 In CS/37/2023 MAN MOHAN GARODIA -VSGOVARDHAN PRASAD GARODIA AND ORS.

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : August 8, 2024.

Appearance :

Mr. Pranit Bag, Adv.

Mr. Debdutta Saha, Adv.

Mr. Rahul Poddar, Adv.

... for the defendants The Court: Mr. Pranit Bag, learned Advocate, is appearing for the defendants.

None appears on behalf of the plaintiff.

The matter was listed on 22nd March, 2024 but none appeared on behalf of the plaintiff and accordingly, the case was adjourned. Again the matter was listed on 10th July, 2024 and on the said date also none appeared on behalf of the plaintiff but the case was adjourned. By an order dated 10th July, 2024 it was clarified that if none appears on behalf of the plaintiff on the next date fixed, both the applications will be taken

up for hearing in the absence of the plaintiff. Today also none appears on behalf of the plaintiff and no accommodation is sought for. It is found that the plaintiff has filed one application being GA/1/2023 praying for interim order and the defendants have filed two applications being GA/2/2023 praying for revocation of leave and GA/3/2023 for rejection of plaint.

As none appears on behalf of the plaintiff and no accommodation is sought, it seems that the plaintiff admits the prayer made by the defendants in GA/2/2023 and GA/3/2023. Accordingly, applications being GA/2/2023 and GA/3/2023 are allowed. Leave granted to the plaintiff is revoked and plaint is rejected.

The suit being CS/37/2023 is dismissed.

Accordingly, GA/1/2023 is also dismissed.

(KRISHNA RAO, J.) RS