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Calcutta High CourtFAT/339/2008dismissed

Sefali Chakraborty v. Malati Bandyopadhyay & ORS

2025-08-07Hon'Ble Justice Soumen Sen,Hon'Ble Justice Apurba Sinha Ray1 pages

07.08.2025 Sl No.31 Court No.16 (gc) FAT 339 of 2008 (FA 77 of 2009) Sefali Chakraborty Vs.

Malati Bandyopadhyay & Ors.

Mr. Ashit Kumar Chakraborty ..... for the Appellant.

1.

On the earlier occasion, we have adjourned the matter in order to enable the appellant to file the application for substitution as it was submitted on behalf of the appellant that the sole appellant died during the pendency of the appeal.

2.

We have been informed by the learned Counsel for the appellant that the proposed legal heirs of the appellant are not interested to file any application for substitution.

3.

In absence of any such application, the appeal cannot proceed. Accordingly, the appeal stands dismissed as abated.

4.

The T.C.R. shall be sent down to the Trial Court.

5.

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

(Soumen Sen, J.) (Apurba Sinha Ray, J.)