PRATIMA MUKHERJEE Vs. TAPATI BHATTACHARYA

JUDGEMENT

(1.) Learned counsel for the petitioners submitted that the petitioners are the original defendants in Title (P) Suit No. 5 of 2004 and the respondent is the original plaintiff. It is also submitted by the learned counsel for the petitioners that the original plaintiff, who has filed Title (P) Suit No. 5 of 2004, has preferred an application on 17th March, 2009 for withdrawal of the suit, but, the trial court has not allowed for withdrawal of the suit, on the ground that this writ petition is pending before this Court.

(2.) I have learned counsel for the respondent, who is original plaintiff, who has also submitted that he wants to withdraw Title (P) Suit No. 5 of 2004, as the matter has amicably been settled between the parties, who are nearby relatives and therefore, let this writ petition be disposed of, and a direction may be given to the trial court to pass order, upon application preferred by the original plaintiff, which is dated 17th March, 2009.

(3.) In view of this limited submission and as the dispute between the parties have been settled in Title (P) Suit No. 5 of 2004, I hereby, dispose of this writ petition and direct the trial court to pass order, upon an application preferred by the original plaintiff dated 17th March, 2009, within a period of two weeks, from the date of receipt of an order of this Court.