Hajrat Sk. & ORS v. Khairulnesa Bibi

SAT 1439 of 2006 CAN 1 of 2008 (old CAN 4024 of 2008) Item-24.

14-12-2022 Hajrat Sk & Ors.

Versus

Khairullnesa Bibi sg Ct. 8 The matter appeared in the warning list on 29th November, 2022 and thereafter transferred to the regular list on 5th December, 2022. There was a clear indication in the list that the matter shall be transferred to the daily cause list on 5th December, 2022 and since then the appeal is appearing in the list. The appellants are not represented nor any accommodation is prayed for on behalf of the appellants. The appeal is of the year 2005.

The appeal is defective. The appeal was directed to go out of list on 27th February, 2008 with liberty to mention after removal of defects. Even on that date none appeared on behalf of the appellants. Subsequently, on 14th May, 2008 in presence of the learned Advocate for the appellant, time was extended to remove the defects. The Additional Stamp Reporter has reported that the defects have remained. No attempt has been made to remove the defects.

Under such circumstances, the appeal stands dismissed for non-removal of the defects as well as for default. The connected application shall also stand dismissed.

(Uday Kumar, J.) (Soumen Sen, J.)