Sri Bhairundan Banthia vs Woodburn Park Co-Operative ...
2021 Latest Caselaw 20 Cal/2

OD-10
                                      ORDER SHEET

                                     IA No.GA/2/2020
                                            In
                                      APO/332/2011

                           IN THE HIGH COURT AT CALCUTTA
                               Civil Appellate Jurisdiction
                                     ORIGINAL SIDE


                        SRI BHAIRUNDAN BANTHIA
                                VERSUS
        WOODBURN PARK CO-OPERATIVE HOUSING SOCIETY LIMITED & ANR.




  BEFORE:
  The Hon'ble JUSTICE I. P. MUKERJI

The Hon'ble JUSTICE MD. NIZAMUDDIN

Date : 7th January, 2021.

Appearance:

Mr. Priyankar Saha, Adv.

Mr. Rudrajit Sarkar, Adv.

RE: IA No.GA/2/2020

The Court: An affidavit of service is on record.

Sufficient cause is shown. The delay in filing this application is condoned.

The abatement of the appeal is set aside. The order dated 6th March, 2019 is also

set aside. The appeal (APO 332 of 2011) with the application (GA 3418 of 2011)

arising out of WP 395 of 2009 (Sri Bhairundan Banthia vs. Woodburn Park Co-

operative Housing Society Limited) is restored to its original file and number.

Order in terms of prayers (e), (f) and (g) of the petition.

The application (GA 2 of 2020) is allowed to the above extent.

RE: APO/332/2011

We are told that an appeal by different parties from the impugned order dated

30th August, 2011 was disposed of on 25th September, 2018 and corrected by the

order dated 1st October, 2018 setting aside the said impugned order.

In those circumstances, we dispose of this appeal by noting that the

impugned judgment and order has already been set aside and no further order is

required in this appeal.

The appeal (APO 332 of 2011) is disposed of accordingly.

(I. P. MUKERJI, J.)

(MD. NIZAMUDDIN, J.)

cs.