Sm. Jamunabala Neogi & ORS. v. Smt. Urmila Bala Debi

(02) 22.09.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION (Via Video Conference) SA No. 827 of 1961 Jitendra Nath Chakraborty since deceased his heirs and legal representatives Sm. Urmila Bala Debi & ors.

-versus- Panchu Gopal Neogy since deceased his heirs and legal representatives Sm. Jamunabala Neogi & ors.

None appears on behalf of the parties either virtually or physically on call.

Seen the office report dated September 21, 2021.

It appears from the said report that the incomplete Lower Court Records were received by the department. There is no use of further pursuit in bringing the other parts of the said Lower Court Records from the Court below inasmuch as the appeal is pending since 1961, no steps have been taken by the appellants for disposal of the second appeal during this long period.

It is therefore clear that the appellants have lost their interest to proceed with the second appeal.

Accordingly, SA 827 of 1961 is dismissed for default without any order as to costs.

The part of the Lower Court Records received by the department be sent down to the concerned Court below immediately.

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.)