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Calcutta High CourtFMAT/435/2018dismissed for default

Srinath Coomar & ANR v. Subir Coomar

2021-02-08Hon'Ble Justice Soumen Sen,Hon'Ble Justice Saugata Bhattacharyya2 pages

Dl.

27.

February 8, 2021 dns Through Video Conference F.M.A.T. 435 of 2018 The appellants are not represented either physically or in the virtual platform. No accommodation is also prayed for. This appeal is directed against an order of injunction restraining the present appellants from making any further construction in the suit premises till disposal of the suit. It appears from the impugned order that the trial court had fixed February 27, 2018 for framing of issues. This matter is appearing in the list for quite some time. The appellants are deemed to have knowledge about pendency of the matter before us. In view of the fact that the appellants are not represented, we presume that the appellants are not interested to proceed with the appeal.

Under such circumstances, the application for condonation of delay filed under CAN 2851 OF 2018 stands dismissed for default. Consequently, the memorandum of appeal and the application for stay stand rejected.

There will be no order as to costs.

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