Akbar Khan v. Amir Khan
Case brief
What is this about?
The court granted liberty for withdrawal of the current C.M.P. to allow the petitioner to file a statutory appeal under CPC, disposing of the matter as withdrawn.
What did the court decide?
Liberty granted to withdraw C.M.P. for filing statutory appeal with condonation of delay.
What the court decided
C.M.P. No.482 of 2020
- 01.12.2020
Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
Heard learned counsel for the petitioners.
The petitioners in this CMP seek to assail the order dated 21.11.2019 passed by learned Civil Judge (Junior Division), Jaleswar in I.A. No.86 of 2015 (arising out C.S.No.262 of 2015) refusing the prayer for grant of injunction under Order 39 Rules 1 and 2 C.P.C..
In course of hearing, learned counsel for the petitioner submits that the petitioners have a statutory remedy to file appeal under Rule 43, Rule 1(r) C.P.C. Hence, he prays for withdrawal of the C.M.P. to avail the statutory remedy.
Granting such liberty, this CMP is disposed of as withdrawn.
In the event, the petitioners file an appeal along with a petition for condonation of delay, delay in filing the appeal shall be liberally construed taking into consideration the period of pendency of this CMP, i.e. from 31.08.2020 till today along with other grounds.
Certified copy of Annexure-4 shall be returned to learned counsel for the petitioners on being substituted by photocopy thereof.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
Coram
K.R. MOHAPATRA
Case details
As recorded by the court registry
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