Baisnab Das Modak v. Bhaktarenu Das Modak

12.12.2023 BP Sl. No. 01 Ct. No. 655 C.O. 2871 of 2008 With IA No. CAN 1 of 2016 (Old No. CAN 7483 of 2016) Baisnab Das Modak -Vs.- Bhaktarenu Das Modak Petitioner is not represented.

None appears on behalf of the opposite party. It appears from the materials on record that the present revisional application is preferred by the petitioner challenging the impugned orders dated 29th March, 2008 and 20th May, 2008. This revisional application challenging those impugned orders passed by the trial court is pending since from the year 2008. It further appears that on earlier occasion this revisional application was dismissed for default on 6th May, 2016 and thereafter an application for restoration is filed on behest of the petitioner to restore the revisional application to its original file and number and the said restoration application was also dismissed by this court. Thereafter, the application was taken out by the petitioner for restoration of the restoration application and those restoration applications were allowed by the court on 22nd September, 2022 and the matter was listed for hearing.

Today, there is no representation on behalf of the petitioner and so there is reasonable ground to believe that the petitioner has lost his interest to proceed with the present case. So, there is no option left but to dismiss the present revisional application.

Accordingly, revisional application being CO 2871 of 2008 is hereby dismissed for default.

Consequently, application being CAN 1 of 2016 (Old CAN 7483 of 2016) is also dismissed.

Interim order, if any, stands vacated.

There will be no order as to costs.

(Prasenjit Biswas, J.)