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Calcutta High CourtCO/3242/2014dismissed for default

Satyajit Panda v. Pasupati Panda

2024-01-10Hon'Ble Justice Prasenjit Biswas2 pages

10.01.2024 PG/KS Ct. No.655 CO No.3242 of 2014 With IA No. CAN 1 of 2015 (Old No. CAN 3157 of 2015) With CAN 2 of 2015 (Old No. CAN 3158 of 2015) Sri Satyajit Panda & Ors.

Versus

Sri Pasupati Panda & Ors.

Petitioners are not represented.

There is no representation on behalf of the opposite parties.

It appears that the instant application is filed under Article 227 of the Constitution of India challenging the judgment and order dated 18th July, 2014 passed by the learned Trial Court. It further appears that during pendency of this application, some of the opposite parties have been expired and an application has been taken out on behalf of the petitioners for substitution of the heirs/legal representatives of those opposite parties after condoning the delay and after setting aside of abatement. It appears that this application is pending since the year 2014 and there is reasonable ground to believe that these petitioners are no longer interested to proceed with the present application. So, there is no option left but to dismiss the present revisional application.

Accordingly, CO No.3242 of 2014 is hereby dismissed for default. Consequently, applications being, IA No. CAN

1 of 2015 (Old No. CAN 3157 of 2015) and CAN 2 of 2015 (Old No. CAN 3158 of 2015) are hereby also dismissed for default.

Interim order, if any, stands vacated.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Prasenjit Biswas, J.)