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Calcutta High CourtCRA/21/1987disposed

Madhab Barik v. Khas Mahamad Sk.

2024-02-26Hon'Ble Justice Ananya Bandyopadhyay2 pages

26.02.2024 cm CRA 21 of 1987 In the matter of : Mahadeb Barik.

.... appellant.

Mr. Usof Ali Dewan Mr. Asif Ali Dewan .... for the respondents The report filed by the Inspector-in-Charge of the Raghunathganj Police Station Jangipur PD dated 29.01.2024 be kept on record. From the report it transpires that the appellant i.e. Mahadeb Barik has expired on 04.05.2021 supported by a copy of the death certificate. The report along with death certificate be kept on record.

Mr. Dewan, learned advocates files fresh vakalatnama in the Court today on behalf of the respondent Nos. 2,4 and 7. Let the same be kept on record.

The learned advocate for the respondent Nos. 2,4 and 7 submits that out of eight respondents, three are alive and 5 have expired.

The report filed by the Superintendent of Police, Murshidabad PD dated 07.02.2024 stated respondent No. 1 i.e. Khas Mahamad Sk to have expired on 24.06.2015 and respondent No. 3 i.e. Giasuddin Sk to have expired on 09.09.2023, respondent No. 5 i.e.

Phani Sk to have expired, respondent No. 6 i.e. Based Sk to have expired on 19.06.2023 and respondent No. 8 i.e. Mahesin Sk to have expired on 30.06.2001 supported by a copy of the death certificates. Let the said death certificates be kept on record. In compliance with the order dated 08.01.2024 the respondent No. 2, 4 and 7 are present in Court today. Their personal appearances are noted and dispensed with.

Under the aforesaid circumstances, the instant appeal gets abated and accordingly disposed of.

Copy of the order be sent to the Department for immediate compliance.

(Ananya Bandyopadhyay, J.)