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Calcutta High CourtSA/1/1995dismissed for default

Punnilal Goala v. Smt Kamala Devi

2019-07-25Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

20.3.2024 Ct. no. 652 sb SA 1 of 1995 with CAN 1 of 2007(Old CAN 7429 of 2007) CAN 2 of 2017 (Old CAN 728 of 2017) CAN 3 of 2017 (Old CAN 4560 of 2017) CAN 5 of 2022 Ganga Rai Vs.

Smt. Kamala Devi & Ors.

Mr. Anit Kumar Rakshit ...for the Appellant Re: CAN 1 of 2007(Old CAN 7429 of 2007) This is an application for substitution of the legal heirs of sole appellant, Punnilal Goyala @ Goala who died on 29.6.2007 leaving behind the legal heirs i.e. the appellant in the instant appeal. Accordingly, the appellant has prayed for substituting his name and address in place of deceased appellant.

The petition is within the statutory period and accordingly it is allowed.

The department is directed to make necessary correction.

CAN 1 of 2007(Old CAN 7429 of 2007) is accordingly disposed of.

Re: CAN 2 of 2017 (Old CAN 728 of 2017) This is an application for substitution of the legal heirs of respondent no. 1(c) who died on 4th

November, 2016 leaving behind his wife, two sons and daughters who are mentioned in the cause title of the application as 1(c)(i) to 1(c)(vi).

The petition is within the statutory period and accordingly it is allowed.

The department is directed to make necessary correction.

CAN 2 of 2017 (Old CAN 728 of 2017) is accordingly disposed of.

Re: CAN 3 of 2017 (Old CAN 4560 of 2017) This is an application for substitution of the legal heirs of respondent no. 1(f) who died on 12th February, 2003 leaving behind his legal heirs who are already on record as respondent no. 1(a) to 1(e). Accordingly, the appellant has prayed for expunging the name of respondent no. 1(f).

Prayer is considered and allowed.

The department is directed to make necessary correction.

CAN 3 of 2017 (Old CAN 4560 of 2017) is accordingly disposed of is accordingly disposed of. Re: SA 1 of 1995 The department is directed to call for the lower court records from both the courts below.

Let the appeal be listed in the Monthly list of May, 2024.

(Ajoy Kumar Mukherjee, J.)