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Calcutta High CourtSA/179/1992dismissed for non prosecution

Smt Pratima Bhattacharya v. Smt Pramila Pal & ORS

2024-08-01Hon'Ble Justice Ananya Bandyopadhyay2 pages

01.08.2024 Item No. 47 Chanchal SA 179 of 1992 Pratima Bhattacharya.

-versus Pramila Pal & Ors.

Mr. Jit Roy Mr. Rahul Nag ... for the appellant.

Mr. Saumyan Datta Mr. Rajendra Nath Barik ... for the respondent Nos. 2 to 4 The report filed by the Assistant Registrar IX (I/C) dated 04.07.2024 stated that the learned advocate for the appellant did not prepare the supplementary paper book(type out of manuscript) as per order dated 30.04.2024.

On the prayer of the learned advocate for the appellant further time was granted by this Court to type out the handwritten deposition appearing in the supplementary paper book and to file the same prior to the next date of hearing. The matter was fixed on 31st July, 2024.

None appeared on 31st July, 2024 on second call and the matter was fixed on 1st August, 2024 as last chance.

This Court has time and again on 21st July, 2023, 24th July, 2023, 15th September, 2023, 18th September, 2023, 14th December, 2023, 15th December, 2023, 10th January, 2024, 18th January, 2024, 16th February, 2024, 23rd February, 2024, 26th February, 2024, 29th February, 2024, 22nd April, 2024, 23rd April, 2024, 30th April, 2024, 8th July, 2024 and 31st July, 2024 granted adjournments to the appellants as well

as respondents to conduct the hearing of the instant appeal.

The learned advocate for the appellant did not appear before the Court nor filed the supplementary paper book in compliance with the earlier order passed by this Court.

From the conduct of the appellant it appears that the appellant is not interested to proceed with the hearing of the instant appeal and intends to procrastinate the hearing of the instant appeal purposely to the detriment of the respondents. Accordingly, the instant appeal and connected applications if any are dismissed for non-prosecution. Let the copy of the order be forwarded to the concerned trial court for necessary actions.

( Ananya Bandyopadhyay, J.)