Nasima Begum & ORS v. Israt Begum & ORS

Ct-12 ar 08.02.2021 FMAT 194 of 2018 with CAN 1 of 2018(Old CAN 1844 of 2018) CAN 2 of 2018(Old CAN 1846 of 2018) Nasima Begum & Ors.

Vs.

Israt Begum & Ors.

The appellant is not represented either physically or on virtual mode, nor any accommodation is prayed for.

This appeal was filed on 6th March, 2018, but no attempt has been made to move this appeal. It appears from the endorsement of the Stamp Reporter that the appeal is delayed by 89 days and no application for condonation of delay has been filed with the Memo of appeal.

Although an application under Section 5 of the Limitation Act was filed on 7th March, 2018. It appears that no attempt was made to move this application.

On 27th January, 2021 the appellant was also not represented and in that order we made it clear that if the appellants are not represented on the adjourned date, it shall be presumed that the appellants are not interested to proceed with the appeal.

Under such circumstances, the application for condonation of delay being CAN 1 of 2018 stands dismissed for default.

Consequently, the appeal and the application for stay being CAN 2 of 2018 stand rejected.

(Saugata Bhattacharyya,J.) (Soumen Sen, J.)