Parameswar Pal & Anr vs Smriti Rekha Pal & Ors
2021 Latest Caselaw 1770 Cal

09.03.2021.

AS S.A.T. 367 of 2019

Parameswar Pal & Anr.

Vs.

Smriti Rekha Pal & Ors.

Ms. Manali Biswas.

... for the appellants.

Seen the report of the Stamp Reporter put on

the reverse side of the first page of the memorandum

of appeal.

The instant second appeal has been filed

challenging the order of the District Judge,

Murshidabad passed in Misc. Appeal No.12 of 2019

which arose from the judgment and order of the

learned Civil Judge (Junior Division), First Court,

Berhampore, Murshidabad passed on an application

under Section 8 of the West Bengal Land Reforms

Act, 1955.

The further appeal is not maintainable under

Section 9(6) of the said Act. The instant appeal is,

therefore, not maintainable.

The learned Advocate appearing for the

appellant, however, prays for withdrawal of the

appeal so that the self-same judgment and order can

be assailed before the proper forum.

In view of the above, the appeal is dismissed as

withdrawn.

However, the dismissal of the appeal shall not

prevent the appellant from challenging the self-same

judgment and order before the proper forum.

The Assistant Court Officer is directed to return

the certified copy of the judgment and order annexed

to the instant memorandum of appeal to the learned

Advocate-on-record of the appeal upon replacing with

photocopy thereof.

(Harish Tandon, J.)

(Kausik Chanda, J.)