Calcutta High Court

FAT/416/2024 of KRISHNA DEBNATH Vs PUJA DEBNATH on 2 September 2026

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No.16 02.09.2026 TN FAT 416 of 2024 IA No: CAN 1 of 2025 Krishna Debnath Vs. Puja Debnath Mr. S.M. Obaidullah, Mr. Roni Chowdhury, Mr. Tamal Mukhopadhyay ....for the appellant Mr. Dipanjan Dutta, Mr. Subhajit Chowdhury, Ms. Esha Basak ....for the respondent 1. Learned counsel for the appellant

AD-23

Ct No.16

02.09.2026

TN

FAT 416 of 2024

IA No: CAN 1 of 2025

Krishna Debnath

Vs.

Puja Debnath

Mr. S.M. Obaidullah,

Mr. Roni Chowdhury,

Mr. Tamal Mukhopadhyay

....for the appellant

Mr. Dipanjan Dutta,

Mr. Subhajit Chowdhury,

Ms. Esha Basak

....for the respondent

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1. Learned counsel for the appellant rightly submits, in his usual fairness, that the impugned order is not appealable and the appeal has been preferred erroneously.

2. Accordingly, on the prayer of the appellant, FAT 416 of 2024 and the connected application, being CAN 1 of 2025, are dismissed as withdrawn with liberty to the appellant to sue afresh on the self-same cause of action against the present impugned order.

3. Liberty is also granted to the learned Advocate-on- record for the appellant to take back the certified copy of the impugned order upon furnishing a photocopy thereof for the records.

4. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.)

(Sandip Kumar De, J.)

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