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Calcutta High CourtSA/105/1994dismissed for default

Mahadeb Sarkar v. Debojyoti Gon & ORS

2024-12-19Hon'Ble Justice Biswajit Basu1 pages

S/L 16 19.12.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION SA 105 of 1994 With CAN 3 of 2014 (Old CAN 11494 of 2014) [Application not in the file] [Assigned] Sri Mahadeb Sarkar, since deceased, represented by Suchitra Sarkar & Ors.

Vs.

Sri Debjyoti Gon & Ors.

None appears on behalf of the parties on call. It appears from the departmental report dated May 22, 2024 that the appeal is ready as regards service of notice, but the department has not yet been received trial court record; no paper book has been filed. The appeal is pending since 1994, no steps have been taken by the appellants to get the matter heard.

It is therefore presumed that the appellants have lost their interest to proceed with the matter.

SA 105 of 1994 along with connected application being CAN 3 of 2014 (Old CAN 11494 of 2014) are therefore dismissed for default without any order as to costs. Interim order, if any, stands vacated.

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.)