Rani Gajendra Narayan Deb v. Mahabir Kumar

(03) 23.03.2022 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION SA No. 483 of 1966 Rai Gajendra Narayan Deb -versus- Mahabir Kumar (since deceased) Mahabir Chamail & ors.

None appears on behalf of the appellant on call. The respondents are also not represented.

Perused the office report dated March 03, 2022. It suggests that the appeal has been dismissed against the respondent no. 1, 5 and 6 and it has been abated against the respondent no. 3. The report also suggests that the lower Court records were received by the department and on examination it was found complete and the copies of the paper book were filed on May 20, 1974.

The appeal is pending since 1966 but during this long period, no steps have been taken by the appellant for disposal of the appeal, as such, it can be presumed that the appellant has lost his interest to proceed with the appeal.

SA 483 of 1966 is, therefore, dismissed.

Interim order, if there be any, stands vacated. There shall be no order as to costs.

The department is directed to send down the lower Court records immediately to the concerned Court below.

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.)