14.07.2026 Ct. No. 2 D/L 34 Mujahid CO 1848 of 2023 Partha Mitra Vs. Nirmala Dasgupta & Anr. Mr. Sambhunath De Mr. Ranjit Kr. Ghosh …for the petitioner Tarak Nath halder …for the opposite parties 1. Present petition has been filed challenging the order dated 30th May, 2023 whereby the application filed by the petitioner/defendant for setting aside the ex parte order. 2. Learned counsel for the petitioner submits that however, subsequently, the decree was passed in Ejectment Suit No.284 of 2007 and the petitioner has challenged the same in appeal, the appeal is pending consideration. Learned counsel, therefore, submits that he may be permitted to withdraw the present petition with liberty to raise all the contentions before the learned appellate court. 3. Liberty granted. 4. All the contentions are left open. The petition is dismissed as withdrawn. 2 5. It is made clear that this Court has not gone into the merits of the case and no expression made herein shall tantamount to be an expression on the merits of the case. 6. Learned counsel for the opposite parties has placed on record, the decree passed in the ejectment suit. 7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)