Tapas Samanta And ORS. v. Subhas Samanta And ORS.

25.09.2025 SL No.9 Court No.1 (gc) FMAT 350 of 2025 CAN 1 of 2025 CAN 2 of 2025 Tapas Samanta & Ors.

Vs.

Subhas Samanta & Ors.

Mr. Pritam Chowdhury, Mr. Sourav Mondal ...for the Appellants.

Ms. Ujani Pal Samanta, Ms. Jayeta Mitra ...for the Respondent Nos.1 to 4.

Re: CAN 1 of 2025 1.

There is a delay of 14 days in preferring the appeal.

2.

We are satisfied with the explanation offered for not being able to prefer the appeal within the period of limitation. The delay of 14 days is condoned.

3.

Accordingly, the application for condonation of delay is allowed and disposed of.

Re: FMAT 350 of 2025 CAN 2 of 2025 4.

In view of the order dated 4th July, 2024 passed in WPA 16361 of 2024, we are of the view that the order passed by the learned Trial Judge does not call for any interference.

5.

Accordingly, the appeal and the application are dismissed.

6.

However, there shall be no order as to costs.

7.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

[Soumen Sen, C.J. (Acting)] (Apurba Sinha Ray, J.)