DALIA GHOSH Vs. JAYANTA GHOSH

JUDGEMENT

(1.) Heard Mr. S.K. Medhi, learned Counsel for the petitioner and Mr. P.K. Roy, learned Counsel for the respondent.

(2.) This Misc. case arising out of Tr.P. (C) No.10/2005 pending before this Court, has been filed seeking a direction to recall the orders dated 23.03.2005 and 19.04.2005 passed by the learned Additional District Judge, Cachar at Silchar in T.S. (M) No. 947 2004 while the interim order dated 21/2/05 passed by this Court in the instant Tr.P. (C) No. 10/2005 which was allowed to continue vide order dated 23.3.05 staying the further proceedings of the above referred Matrimonial Title Suit, pending before the Court of learned Addl. District Judge, Cachar at Silchar has been in force.

(3.) Advancing his limited argument, Mr. Medhi has contended that while issuing notice of motion in the present transfer petition on 21/2/05, this Court granted interim relief to the petitioner by staying the further proceedings of the abovementioned T.S. (M), now pending before the Court of learned Addl. District Judge, Cachar at Silchar making the notice returnable to a date on 16/3/05. However, on the fixed date, though the case was listed before the Court, due to paucity of time, the business of the Court did not permit to take up the matter and accordingly the same was listed on 23/3/05 on which date the Court ordered that the interim order passed on 21/2/05 should continue.