Narayan Ch. Nandy & ANR. v. Md. Aslam Khan Lodi

20.09.2023.

Item No. 30.

Court No. 13 ap F.A. No. 146 of 2001 With I.A. No. CAN 6 of 2023 Narayan Chandra Nandy & Ors.

Versus

Mohammed Aslam Khan Lodi & Ors.

Mr. Rajdeep Bhattacharya, Mr. M.I.A. Lodhi.

..For the respondents/applicants.

1. It is submitted that the sole appellant has died in the year 2016 itself and no steps has been taken to seek substitution of the matter.

2. CAN 6 of 2023 has been filed by the respondents for recording the abatement of the appeal.

3. Despite notice, the appellants are not represented when the matter is taken up for hearing. Affidavit-ofservice filed by the Counsel for the respondents be kept with the record.

4. F.A. No.146 of 2001 shall stand abated and consequently dismissed.

5. In view of the main appeal, the connected application being CAN 6 of 2023 shall also stand dismissed.

6. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)

(Supratim Bhattacharya, J.)