Dolly Minj v. The Lieutenant Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** FMAT/2/2023 IA No.CAN/1/2023 Dolly Minj Vs.

The Lieutenant Governor and others Ms. Anjili Nag ... for the appellant Mr. V.D.Sivabalan ... for the respondents March 13, 2023 [SR] Item No.8 We have heard the appeal by treating it on day's list, which is against the order dated September 29, 2022 passed in Title Appeal No.12 of 2015, by Additional District Judge, South Andaman, Port Blair.

The appellant's case is that while remanding the matter before the Court below, the Appellate Court, being Court of the Additional District Judge, has actually decided the issue. The appellant has referred to paragraphs 35, 36, 37 and 38 from the impugned order in support of the case and has contended that the issue has already been decided, which is illegal.

We are of the opinion that these are the only observation and without such observation, the matter could not have been remanded as an open remand to the Court below (learned Joint Civil Judge, Senior Division, Port Blair). Therefore, we do not find any infirmity in the order passed by

the Appellate Court and we do not interfere with the impugned order and the appeal being FMAT/2/2023 and the connected application being CAN/1/2023 are dismissed. No costs.

( Abhijit Gangopadhyay, J. ) ( Aniruddha Roy, J. )