CESC LIMITED Vs. DIPAK ROY

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the petitioner CESC Limited Challenges Order dated 18th July, 2009 passed by the learned 3rd Additional Civil Court (Junior Division) Alipore in Title Suit No. 225 of 2002. Sri Subir Sanyal, learned Counsel for the petitioner has also filed CAN 12421 of 2013 for restoration of the order dated 12th December, 2013 passed by an Hon'ble Single Bench of this Court.

(2.) It transpires from the record that CO 3094 of 2009 was dismissed for default by the order dated 12th December, 2013. By the said order the Hon'ble Single Bench was also pleased to vacate the interim order granted earlier by this Court dated 2nd March, 2010 staying all further proceedings in Title Suit No. 225 of 2002 pending before the Learned 3rd Additional Civil Court (Junior Division), Alipore.

(3.) The petitioner has also filed affidavit of service which is taken on record. In spite of service none appears for the opposite party.