Smt. Maya Rani Das & ORS v. Satya Ranjan Roy

(02) 23.03.2022 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION SA No. 294 of 1965 Hemanta Kumar Das (since deceased) Maya Rani Das & ors.

-versus- The State of West Bengal & ors.

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

Perused the office report dated March 03, 2022 wherefrom it appears that the lower Court records connected with the present second appeal was received by the department and on examination it was found complete way back on November 18, 1968. The report also suggests that the appeal is ready as regards service and the paper book although was filed on March 20, 1973 but the same is not traceable. The appeal although is ready for hearing since 1965 yet the appellants did not take any steps to get the appeal heard and disposed it of.

Therefore, it can be presumed that the appellants have lost their interest to proceed with the appeal. SA 294 of 1965 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.)