Jitendra Nath Maity & ORS v. Biman Behari Maity & ORS

Ct. No. 08 SAT 25 of 2016 With IA No. CAN 1 of 2016 (Old No. CAN 2140 of 2016) IA No. CAN 2 of 2016 (Old No. CAN 2158 of 2016) IA No. CAN 3 of 2020 (Old No. CAN 1535 of 2020) AN 17.01.2023 Jitendra Nath Maity & ors.

vs.

Biman Behari Maity & ors.

The appellants are not represented, nor any accommodation is sought for on behalf of the appellants. It appears that the matter was adjourned on 11.11.2019 in order to enable the appellant to take out an appropriate application for substitution.

This matter was appearing in the Warning List of cases since 29.11.2022 until it was transferred to the regular list on 05.12.2022 and since then the matter is appearing in the list. The appellant is served due notice about the pendency of the appeal which clearly shows that the appellant is not interested to proceed with the appeal. No steps have been taken to remove the defects either. In view of the aforesaid non-removal of the defects as pointed out by the Stamp Reporter and having regard to the fact that no substitution has taken place as yet, the instant appeal stands dismissed. Consequently, the connected applications also stand dismissed.

(Uday Kumar, J.) (Soumen Sen, J.)