Devasree Biswas Nee Das vs Sri Soumya Kanti Biswas
2024 Latest Caselaw 5149 Cal

Calcutta High Court (Appellete Side)

Devasree Biswas Nee Das vs Sri Soumya Kanti Biswas on 4 October, 2024

04.10.2024
 (D/L-4)
 Ct. No.4
  (Naba)
                                 F.A. 87 of 2024
                                       With
                                 CAN 1 of 2023
                                 CAN 2 of 2023

                             Devasree Biswas nee Das
                                       Vs.
                             Sri Soumya Kanti Biswas

                         Mr. Subhash Chandra Sarkar.
                                              ... for the Appellant

                         Mr. Ankit Agarwala,
                         Ms. Alotriya Mukherjee.
                                             ... for the Respondent

1. The present appeal arises out of an order dated

23.03.2023 against the ex parte judgment and

decree dated 08.04.2022.

2. Earlier the petitioner had preferred an application

under Order 9 Rule 13 against the self-same order

which was dismissed on 23.03.2023, leading to

filing of FMAT 344 of 2023 before this Court.

FMAT 344 of 2023 has been dismissed on

22.05.2024.

3. The learned counsel for the appellant submits

that against the order dated 22.05.2024, the

appellant has taken steps for assailing the same

by filing an SLP before the Hon'ble Apex Court

with the aid of the Calcutta High Court Legal

Services Committee. In support of such

submission he has handed over to the Court a

communication dated 15.07.2024, issued by the

Calcutta High Court Legal Services Committee

from which it appears that the matter was under

process for considering the appellant's request for

filing SLP before the Hon'ble Apex Court.

4. The learned counsel, however, is not in a position

to inform us whether the SLP has been filed

already and/or whether any orders have been

passed therein.

5. We, therefore, consider it appropriate to adjourn

the matter to be listed after eight weeks from date.

(Madhuresh Prasad, J.)

(Supratim Bhattacharya, J.)