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Calcutta High CourtSA/131/1994dismissed for default

Ajibar Rahaman & ORS v. Golap Naskar

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

19.12.2024 Item No.20 & 21 DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLARE JURISDICTION S.A. 131 of 1994 (Assigned) I.A. No. CAN 1 of 2001 (Old CAN 3801 of 2001) CAN 2 of 2005 (Old CAN 7009 of 2005) Ajibar Rahaman & Ors.

-Vs- Golap Naskar & Ors.

With S.A. 132 of 1994 (Assigned) CAN 1 of 2006 (Old CAN 1254 of 2006) Madhu Mondal & Ors.

-Vs- Golap Naskar & Ors.

It appears from the departmental report dated May 22, 2024 that the service of notice of the appeals is incomplete due to failure of the appellants to put in requisites. The Trial Court Records have been received. The Second Appeals are pending since 1994, no steps have been taken by the appellants to get the appeals heard and disposed of.

Under such circumstances, it is presumed that the appellants have lost their interest to proceed with the said appeals.

S.A. 131 of 1994 and S.A. 132 of 1994 along with all pending applications are therefore dismissed for default. There shall be no order as to costs.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)