Robi Roy v. Sufal Chandra Som And ORS

AD-30 Ct No.16 11.06.2025 TN FAT 94 of 2021 IA No: CAN 1 of 2021 CAN 2 of 2021 CAN 3 of 2023 Sri Robi Roy Vs.

Sri Sufal Chandra Som and others

1. We find from our order dated May 06, 2025 that none of the parties were represented on the said date. On the basis of the report of the Stamp Reporter to the effect that the heirs of the defendant no.11 had been brought on record as respondent nos. 12(a) to 12(c) but no application for leave to prefer the appeal against the said respondent was taken out, we had directed the appellant to file such an appropriate application within a fortnight from that date.

2. Even today, when the matter is called on for hearing, none appears for the parties, nor are we apprised whether any such application has been filed.

Accordingly, we have no other option but to dismiss the appeal and the connected applications for default.

3. Hence, CAN 1 of 2021, which is an application for condonation of delay in preferring the appeal, is dismissed for default.

4. Consequentially, FAT 94 of 2021 is dismissed as timebarred. Accordingly, CAN 2 of 2021 and CAN 3 of 2023 are also dismissed.

5. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)