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2025 DAILYLAW 6192 (CAL)

BIRNDRANATH MONDAL v. MINOR ARNA RANI MONDAL

SA/554/1996 · 2025-08-25

Prasenjit Biswas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2025 Court No.655 DL/Item No.–2 [Milan, A.R. (Ct.)] SA 554 of 1996 With CAN 1 of 2003 (Old CAN 7949 of 2003) CAN 2 of 2007 (old CAN 8976 of 2007 CAN 3 of 2014 (Old CAN 6892 of 2014) Birendra Nath Mondal & Anr. Vs. Minor Arna Rani Mondal & Ors. Mr. Snehasis Jana, Mr. A. B. Maiti ….for the Respondent Nos.1, 2, 4, 5 & 6 1. Nobody appears to represent the appellants in this case. 2. The respondent nos.1, 2, 4, 5 & 6 are represented by the learned advocate. 3. It is submitted by the learned advocate for the respondents that during the pendency of this appeal both the appellants have expired but no application with a prayer for substitution has been filed on behalf of the heirs /representatives of the said deceased/appellants. 4. It appears from the report submitted by the Registrar Administration (L & OM) that the appellants have expired on 27.01.2021 and 19.09.2019 respectively. 5. The reports submitted by the Department dated 15.07.2025 also indicates that during the 2 pendency of this appeal, the respondent no.3 and respondent no.9 (e) have also expired. 6. As both the appellants have expired and no application is filed with a prayer for substitution of the heirs/legal representatives in connection with this case within the stipulated period of time as enshrined in the Act, the present appeal stands abated. 7. Accordingly, the instant appeal being SA 554 of 1996 is dismissed as stated. All connected applications filed in this case are also dismissed. 8. Let a copy of this order along with the Trial Court Records be sent down to the Trial Court immediately. 9. Urgent Photostat Certified Copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Prasenjit Biswas, J.)