M/S. Lloyds Insulations (India) vs Ramoni Mohan Kar on 14 July, 2016

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Calcutta High Court (Appellete Side)

M/S. Lloyds Insulations (India) vs Ramoni Mohan Kar on 14 July, 2016

Bench: Indrajit Chatterjee

      Form No.J(2)
                         IN THE HIGH COURT AT CALCUTTA
                           CIVIL APPELLATE JURISDICTION


      Present        : The Hon'ble Justice Indrajit Chatterjee

                          S.A. 508 of 2007
                                 With
                         C.A.N. 11202 of 2014

                     M/s. Lloyds Insulations (India)
                                 -vs-
                          Ramoni Mohan Kar


For the Appellant :                Mr. Badal Saha


For the Respondent               : Ms. Susmita Mukherjee
                                   Mr. Tuhin Subhra Rout


Heard on                     :        14-07-2016

Judgement on             :            14-07-2016


Indrajit Chatterjee, J.                 :

This joint petition being C.A.N. 11202 of 2014 has been filed by both the appellant and the respondent in connection with S.A. 508 of 2007 before this court for final disposal of the instant appeal recording the compromise.

Heard both sides. Perused the application.

The terms are legal and valid. The parties must sign on the compromise petition, if not already signed.

Liberty is given to the respondent, i.e., Raman Mohan Kar, to withdraw the rent which has been deposited in Ejectment Suit no.439 of 1980 which was re- numbered as Ejectment Suit no. 300 of 2000 disposed of by the learned Judge, Vth Bench, The Presidency Small Causes Court, Calcutta on 17/08/2005 and in relation to Title Suit no. 149 of 2007 pending before the same court.

The compromise petition do form a part of the decree. It is submitted by the learned Advocates, appearing on behalf of the parties that the possession of the suit premises has already been delivered to the respondent/landlord.

The application being C.A.N. 11202 of 2014 is, thus, disposed of and in view of this order, the instant second appeal is also disposed of in terms of the compromise petition.

There will, however, be no order as to costs.

Let the lower court records, if already received, be sent down to the learned court below immediately.

There is no reason to keep the execution proceeding pending. It be dropped immediately.

Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Indrajit Chatterjee, J.)

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Calcutta High Court (Appellete Side)