Calcutta High CourtCO/36/2023disposed

P.Sai Ganesh v. T.Mohan

2023-08-17Hon'Ble Justice Ananya Bandyopadhyay3 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/36/2023 Shri P. Sai Ganesh ... Petitioner Vs.

Shri T. Mohan ...Respondent Mr. Arul Prasanth ... for the Petitioner Ms. A.S. Zinu ...for the Respondent August 17, 2023 [M.A.Mobin] Item No.27 The learned Advocate for the petitioner submits that on 6.7.2023 vide Order No.80 in Other Suit No.101 of 2018 the learned Trial Court had granted his prayer for adjournment against a cost of Rs.10,000/- to be paid to the DLSA by the defendant/petitioner. The learned Advocate for the petitioner further submits that he lost his son to cancer in the month of June, 2023. The learned Advocate for the petitioner further prays for modification of the order impugned relieving him to pay the cost to the DLSA. The learned Advocate for the respondent agrees to the fact that the writ petitioner had lost his son in the month of June, 2023.

The learned Advocate for the petitioner further submits to complete the evidence to be adduced on his part within two specific dates. The sum of Rs.10,000/- to be paid as cost to the DLSA vide Order No.80 in Other Suit No.101 of 2018 dated 6.7.2023 is set aside.

September to the convenience of both the parties and complete the evidence to be adduced by the petitioner/defendant.

CO No.36 of 2023 is disposed of.

(Ananya Bandyopadhyay, J.)

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/31/2023 Shri T. Mohan ... Petitioner Vs.

Shri P. Sai Ganesh ...Respondent Ms. A.S. Zinu ... for the Petitioner Ms. Arul Prasanth ...for the Respondent August 17, 2023 [M.A.Mobin] Item No.28 The learned Advocate for the Opposite Party/Defendant has drawn the attention of the Court to the order No.77 dated 10.4.2023 whereby the petition filed under Order 6 Rule 17 of the CPC was rejected at the instance of the learned Advocate for the petitioner/plaintiff. The learned Advocate for the petitioner submits that the instant CO being No.31 of 2023 was filed against the order Nos.76 dated 15.3.2023. The learned Advocate for the petitioner submits that the order No.77 dated 10.4.2023 has been erroneously written and seeks permission of this Court to withdraw the instant revisional application with an opportunity to file afresh and the prayer is allowed. Liberty to file afresh.

CO No. 31 of 2023 is disposed of.

(Ananya Bandyopadhyay, J.)