Biswanath Somadder, J. - (1.) Even at the time of second call the appellants remain unrepresented, although the learned advocates representing the respondent nos. 4, 5, 6 and 7 are present.
(2.) The instant appeal arises out of a judgment and order dated 10th January, 2017, passed by a learned Single Judge in W. P. 2139 (W) of 2016 (Shibpur B.E. College Model School Alumni Association & Anr. vs. The State of West Bengal & Ors.) whereby the writ petition was dismissed for such reasons as stated therein.
(3.) When the matter is taken up for consideration, the learned advocate representing the respondent no. 5, namely, Headmaster, B. E. College Model School, draws our attention to a Title Suit No. 79 of 2017 pending before the learned Civil Judge, Junior Division, 2nd Court at Howrah. According to the learned advocate for the respondent no. 5, the issue that was raised before the writ Court has subsequently been raised in the aforesaid Title Suit.;