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Calcutta High CourtSA/1219/1964dismissed

Kartik Chandra Balda & ANR. v. Patit Paban Majhi

2024-08-29Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

29.08.2024.

Court No. 13 Sl. No. 48 sp S.A. No. 1219 of 1964 Kartik Chandra Balda & Anr.

Versus

Patit Paban Majhi Mr. Atanu Chakraborty ..for the appellants

1. Learned counsel for the appellants submits that his clients have come to know of the instant appeal only upon service of the administrative notice.

2. This Court notes that the appeal is of the year 1964.

3. It is submitted by the learned counsel on behalf of some of the legal heirs of the appellants that they have no clue or idea about the appeal.

4. Learned counsel for the appellants seeks time to look into the records to ascertain the nature and scope of the appeal itself.

5. This Court is of the view that the original appellants and the respondents have forgotten of this matter until it has listed under the heading "old matter" before this Court. The administrative notices have been issued by the registry in the year 2024.

6. In view of the above, this Court is of the view that the parties had abandoned this appeal since after filing.

7. This Court is, therefore, disinclined to adjourn the matter any further.

8. S.A. 1219 of 1964 shall stand dismissed.

9. Interim orders, if any, shall stand vacated. 10.

There shall be no order as to costs.

11.

Let the L.C.R. be returned, if any, to the Court below.

12.

The registry shall communicate a copy of this order to the Court below.

13.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)