Susanta Kumar Mondal & ORS v. Gyanendranath Mondal

07.3. 2025 item No.19 n.b.

ct. no.24 SA 159 of 2016 with CAN 6 of 2024 + CAN & of 2024 Susanta Kumar Mondal & Ors.

Vs.

Gyanendranath Mondal Mr. Amit kr. Gupta, ...... for the appellant.

CAN 6 of 2024 is an application for restoration. CAN 7 of 2024 is an application for condonation of delay in preferring CAN 6 of 2024.

Learned counsel for the appellant submits that he missed the list. Accordingly, he could not appear before the Court when the matter was called on for hearing. Consequently, the entire appeal along with connected applications are dismissed and disposed of. So, he filed necessary application for restoration.

He submits that the application for substitution on account of death of sole respondent namely, Ganendra Nath Mondal being CAN 4 of 2021 was also dismissed for default.

Having heard the submission of the learned counsel for the appellant, appellant is directed to serve the applications being CAN 6 of 2024 and CAN 7 of 2024 upon

the legal heirs of deceased respondent and file affidavit of service on the returnable date.

Let the matter appear in the list on March 28, 2025 under the same heading.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Subhendu Samanta, J.)