Sri Sanjay Gadia & Ors vs Mrityunjay Khara & Ors
2022 Latest Caselaw 1459 Cal

    8
 sandip
 Ct. 18
24.03.2022

C.O. No. 3631 of 2019

Sri Sanjay Gadia & Ors.

Vs.

Mrityunjay Khara & Ors.

Mr. Rabindra Narayan Dutta, Mr. Sibasis Ghosh, Mr. Nishant Kr. Sharoff ... For the petitioners.

Mr. Rabindra Narayan Dutta, learned advocate

for the petitioners files photocopy of the notice

addressed to the learned advocate for the opposite

parties Mr. Anupam Acharya, the said notice is taken on

record.

In spite of service the opposite parties are not

represented.

The petitioners are the plaintiffs of Title Suit No.

613 of 2013 pending before the 1st Court of learned Civil

Judge, (Senior Division) at Barasat, District - 24

Parganas (North).

The opposite party no. 1 in the said suit filed an

application under Section 10 of the Code of Civil

Procedure praying that till the disposal of the application

for revocation of the grant of probate of the last Will and

testament of the deceased defendant/opposite party no.

2 filed by the petitioners before the 7 th Court of learned

Additional District Judge at Barasat, District - 24

Parganas (North) being Misc. Case No. 85 of 2018

(Revocation), further proceedings of the said suit be

stayed.

The learned Trial Judge by the order impugned

being Order No. 94 dated September 05, 2019 has

disposed of the said application observing that the suit

may be proceeded with but no final judgment will be

passed in the suit till the disposal of the said revocation

case.

The petitioners in the meantime have withdrawn

the said revocation proceeding. Mr. Dutta files

photocopy of the application filed by the petitioners for

withdrawal of the said revocation case and the

photocopy of the information slip in respect of the order

allowing the said application which are taken on record.

In view of the withdrawal of the said revocation

case, there is no difficulty in proceeding with the

disposal of the connected Title Suit No. 613 of 2013.

The order impugned, is, therefore set aside.

The learned Trial Judge is requested to dispose of

the said suit expeditiously in accordance with law in

terms of the direction passed by the Co-ordinate Bench

of this Court in C.O. 4015 of 2018.

C.O. 3631 of 2019 is thus disposed of without

any order as to costs.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)