Nabadwip Mondal v. Baidyanath Mondal & ORS

(01) 22.09.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION (Via Video Conference) SA No. 667 of 1961 Nabadwip Mondal since deceased his heirs and legal representatives Sm. Kesori Mondal & ors.

-versus- Baidyanath Mondal alias Bajnath Mondal & ors. None appears on behalf of the parties either virtually or physically on call.

The office report dated September 21, 2021 says that although the Lower Court Records were called for but the same has not been received by the department, instead one letter was received from the learned Judge-in-Charge, District Record Room, Malda vide Memo No. 288/R dated July 05, 1978 that the Lower Court Records are not traceable.

The second appeal is pending from 1961 but no steps have been taken for disposal of the said appeal during this long period.

The situation clearly indicates that the appellants have lost their interest to proceed with the present appeal.

Therefore, there is no use of making further efforts to bring the said records in this Court.

SA 667 of 1961 is dismissed for default without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.

(Biswajit Basu, J.)