Mohan Lal Dey & ORS v. Maya Dey

20.6.2022 FMA 873 of 2007 with I.A No. CAN 1 of 2007(Old No. CAN 1677 of 2007) Ct-08 Mohan Lal Dey & Ors.

Vs.

Maya Dey ar On 9th April, 2007 a coordinate bench a coordinate bench noticed that the application filed by the appellants under Section 47 of the Code of Civil Procedure was allowed by the Trial Court thereby declaring the decree null and void. Nothing in the record to show that the said appeal was restored subsequently.

On such consideration, this appeal has lost its force.

We dispose of the appeal by recording that the decree was recalled by the Trial Court during the pendency of the appeal.

In view of disposal of the appeal, CAN 1677 of 2007 is also disposed of.

(Siddhartha Roy Chowdhury,J.) (Soumen Sen, J.)