Durga Pada Maity v. Sakti Pada Maity

25.07.2025 Sl. No. 33 AMR Ct. No. 655 SAT 424 of 2011 with IA No.: CAN/6/2024 Durga Pada Maity Vs.

Sakti Pada Maity (since deceased) rep. by his legal heirs Smt. Sumati Maity & Ors.

Mr. Krishna Das Poddar Mr. Sujit Bhunia Ms. Mandira Barman Mr. Surajit Maity ...for the Respondent nos. 1(a) to 1(d) In Re. : CAN/6/2024 1.

Appellant/petitioner is not represented.

2.

Learned advocate representing the respondent nos. 1(a) to 1(d) is present.

3.

An application was taken out at the behest of the appellant/petitioner with a prayer for recalling the order dated August 07, 2024 and with a further prayer for restoration of the instant appeal in its original file and number after setting aside of the order.

4.

Nobody is present on behalf of the appellant/petitioner. I find that the appellants have lost interest to proceed further with the case and as such, there is no option but to dismiss the application. 5.

Accordingly, the instant application being CAN/6/2024 is hereby dismissed.

6.

No order as to costs.

7.

Let a copy of this order along with TCR be sent down to the learned Trial Court immediately.

8.

Urgent photostat certified copy of the order, if applied for, be given to the parties upon complying with all legal formalities.

(Prasenjit Biswas, J.)