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Calcutta High CourtSAT/219/2011dismissed

Bindeswar Singh & ANR v. Ashoke Prosad Bhagat & ORS

2022-12-22Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

22.12.2022 SAT 219 of 2011 with I.A No. CAN 1 of 2011(Old CAN No. 6471 of 2011) Ct-08 Bindeshwar Singh & Anr.

Vs.

Ashoke Prosad Bhagat & Ors.

ar The appeal is of the year 2011. However, no attempt has been made to move this appeal.

The appeal appeared in the warning list on 29th November, 2022 with a clear indication that the same shall be transferred to the regular list on 5th December, 2022, since then the matter is appearing in the list.

The stamp reporter in his report dated 07.7.2011 has notified some defects. Such defects have not yet been removed by the appellants.

On the earlier occasion on 01.11.2011 a coordinate bench directed the appellants to remove the defects within one week from that date. Thereafter by the order dated 29.3.2012 another one week time was given to remove such defects.

The department has filed a revised report on 21.12.2022 indicating that such defects have not yet been removed.

It appears that the appellants are not interested to proceed with the appeal.

Under such circumstances, the appeal stands dismissed for non-removal of defects.

In view of dismissal of the appeal, CAN 6471 of 2011 is also dismissed.

There will be no order as to costs.

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