Srimad Bhakti Saurabh Bhak.Maharaj & ANR v. Baidya Nath Sadhu

S/L 132 14.12.2022 Court No.652 SD SA 43 of 1988 With CAN 3 of 2022 Sri Srimad Bhakti Saurabh Bhaktisar Maharaj, since deceased, represented by his legal heirs, namely, Bhakti Sudhir Acharya Vs.

Smt. Bijali Bala Sadhu @ Haridasi Sadhu, since deceased, represented by her legal heirs, Smt. Sabita Sadhu & Ors. Mr. Chittapriya Ghosh Ms. Komal Singh ... for the Respondents.

CAN 3 of 2022:- It is submitted by the learned counsel appearing on behalf of the respondents that Sri Srimad Bhakti Saurabh Bhaktisar Maharaj preferred this appeal in his personal capacity as well as under the capacity as Sebait but the deity has not been made a party in the appeal.

Subsequently, the said appellant no.1, Sri Srimad Bhakti Saurabh Bhaktisar Maharaj died and in his place one Bhakti Sudhir Acharya was substituted and Bhakti Sudhir Acharya also died as it appears from the postal endorsement dated 14.7.2022 annexed to this application. The legal heirs of said Bhakti Sudhir Acharya have not been substituted. As such, the suit has been abated.

Today none appears on behalf of the appellants in court when the matter is called on.

Accordingly, CAN 3 of 2022 is allowed.

SA 43 of 1988:- Since the both the appellants are dead and no substitution has been prayed for on their behalf, the appeal stands abated.

Department is directed to record the appeal as abated and do the needful accordingly.

Lower court records, if arrived, be sent down to the court below forthwith.

(Ajoy Kumar Mukherjee, J.)