Jyotsna Rani Ghorai & Ors. Vs Tripti Ghosh & Ors. — Calcutta HC (2024) — LawSathi Research

Jyotsna Rani Ghorai & Ors. Vs Tripti Ghosh & Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal SA 166 of 2018 dismissed as withdrawn; liberty granted to the appellants to withdraw the security amount deposited under Order 41 Rule 5 CPC; all pending CAN applications (CAN 1 of 2018 (Old No. CAN 2340 of 2018) and CAN 2 to CAN 7 of 2024) disposed of; written instruction of the appellants kept on record; Trial Court record to be transmitted back forthwith.

Ratio / Principle

The appeal SA 166 of 2018 stands dismissed as withdrawn, the appellants having declared their inclination to withdraw without seeking any further liberty to file the appeal afresh.

Key takeaways

Liberty is given to the appellants to withdraw the amount deposited as security under Order 41 Rule 5 of the Code of Civil Procedure.ratio¶16
All the pending applications, namely IA No. CAN 1 of 2018 (Old No. CAN 2340 of 2018) and CAN 2 of 2024 through CAN 7 of 2024, stand disposed of.ratio¶19
The Department is directed to transmit back the Trial Court record forthwith.ratio

Detailed headnote1 paragraphs

Second Appeal SA 166 of 2018 — Jyotsna Rani Ghorai & Ors. v. Tripti Ghosh & Ors. (order dated 22.11.2024, Bibhas Ranjan De, J.): None appeared for the respondents. On the written instruction of all six appellants expressing their inclination to withdraw the appeal without seeking any further liberty to file the appeal afresh, and noting that separate applications had been filed seeking liberty to withdraw the security amount of Rs. 3,50,000/- deposited under Order 41 Rule 5 of the Code of Civil Procedure as directed by the Hon'ble Division Bench at the time of admission of the appeal on 18 September 2018, and that the subject property involved in the execution had already been purchased by the appellants/petitioners, the Court dismissed the appeal as withdrawn. Liberty was given to the appellants to withdraw the deposited security amount; all pending applications (IA No. CAN 1 of 2018 (Old No. CAN 2340 of 2018) and CAN 2 to CAN 7 of 2024) stood disposed of; the written instruction was ordered to be kept with the record; and the Department was directed to transmit back the Trial Court record forthwith.

22.11.2024

Ct. No. 22 Sl. No.193 KB

SA 166 of 2018 with IA No. CAN 1 of 2018 (Old No. CAN 2340 of 2018) with CAN 2 of 2024 with CAN 3 of 2024 with CAN 4 of 2024 with CAN 5 of 2024 with CAN 6 of 2024 with CAN 7 of 2024

Jyotsna Rani Ghorai & Ors. -versusTripti Ghosh & Ors.

Mr. Sukumar Ghosh Ms. Moumita Ghosh … For the appellants.

In Re: IA No. CAN 1 of 2018 (Old No. CAN 2340 of 2018) with CAN 2 of 2024 with CAN 3 of 2024 with CAN 4 of 2024 with CAN 5 of 2024 with CAN 6 of 2024 with CAN 7 of 2024

Affidavit of service is filed and taken on record.

None appears on behalf of the respondents.

However, learned counsel appearing on behalf of the appellants is present and has filed written instruction on behalf of all the six appellants.

It is submitted on behalf of the appellants that all the appellants are inclined to

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withdraw the appeal without seeking any further liberty to file appeal afresh.

It is submitted that separate applications have already been filed with a prayer for withdrawing the appeal along with the liberty to withdraw the amount to the tune of Rs.3,50,000/- by way of security in terms of provision of Order 41 Rule 5 of the Code of Civil Procedure, as directed by the Hon’ble Division Bench of this Court at the time of admission of appeal on 18^th September, 2018.

Learned counsel appearing on behalf of the appellants has also submitted that the subject property involved in the execution has already been purchased by the appellants/petitioners.

Having regard to the aforesaid facts and circumstances, the appeal being SA 166 of 2018 stands dismissed as withdrawn.

Liberty is given to the appellants to withdraw the amount deposited as security amount under Order 41 Rule 5 of the Code of Civil Procedure.

All the applications being IA No. CAN 1 of 2018(Old No.CAN 2340 of 2018), CAN 2 of 2024, CAN 3 of 2024, CAN 4 of 2024, CAN

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5 of 2024, CAN 6 of 2024 and CAN 7 of 2024 also stand disposed of.

10.Written instruction filed by the learned counsel appearing on behalf of the appellants be kept with the record.

11.Department is directed to transmit back the Trial Court record forthwith.

12.All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

13.Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.

(Bibhas Ranjan De, J.)