Subal Ch. Halder v. Sushil Kr.Naskar

31.07.2023 Court No.13 Item No.2 AP FAT 1717 of 1998 With IA NO: CAN 1 of 1998 (Old No: CAN 4556 of 1998) With CAN 6 of 2010 (Old No: CAN 5836 of 2010) Sri Subal Chandra Halder Vs.

Sri Sushil Kumar Naskar and Ors.

Mr. Suprabhat Bhattacharya ... for the Appellant.

Mr. Tanmoy Mukherjee Mr. Somesh Panja ... for the Respondent Nos.1 to 3.

1.

It is submitted that the original appellant Subal Chandra Halder died on 8th April, 2010.

2.

The appeal would otherwise have been abated by this time. However, the elder brother of the appellant, Gopal Chandra Halder by a communication dated 2nd May, 2023 has informed that he does not wish to press the FAT 1717 of 1998 or seek impleadment therein. The letter dated 2nd May, 2023 written by Gopal Chandra Halder is taken on record.

3.

In view of the above, FAT 1717 of 1998 is dismissed as abated.

4.

In view of the dismissal of the FAT 1717 of 1998, all connected applications shall also stand dismissed. 5.

Interim orders, if any, shall stand vacated.

6.

Let the LCR be sent to the Court below as expeditiously as possible by Special Messenger. 7.

Cost of Special Messenger shall be put in by the respondents by 2nd August, 2023.

8.

All parties are to act on a server copy of this order duly downloaded from the official website of this court. (Rajasekhar Mantha, J.) (Supratim Bhattacharya, J.)