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Calcutta High CourtAPOT/319/2023disposed

Aabira Mukherjee v. Swapna Roy And ORS

2024-01-30Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Biswaroop Chowdhury2 pages

IA No. GA No. 1 of 2023 APOT No. 319 of 2023 with CS No. 91 of 2012

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Aabira Mukherjee

Versus

Swapna Roy & Ors.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 30th January 2024 Appearance:

Mr. Altamash Alim, Advocate Mr. Sujit Banerjee, Advocate Mr. Nilay Sengupta, Advocate for the appellant Mr. Aritra Basu, Advocate Mr. Dwip Roy Basu, Advocate Mr. Sohom Saha, Advocate for the respondent The Court: We have perused the order of the learned single judge dated 19th December 2023. We only expect that the appellant/plaintiff will continue to prosecute the suit with due diligence.

Such assurance is made by her client in court today. On such assurance we dispose of this appeal without attaching any obligation on the appellant/plaintiff to pay costs imposed by the impugned order but with a warning that if she tries to delay the suit or seek unnecessary adjournment, the learned

trial judge shall not hesitate to impose such costs as the situation may demand.

The appeal (APOT 319 of 2023) and the application (IA No. GA 1 of 2023) are disposed of.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) R. Bose