Extracted from the PDF above. The PDF is authoritative.
31st August, 2026 (AK) 16 F.M.A.T 251 of 2026 IA No: CAN 1 of 2026 CAN 2 of 2026
Sanat Manna Vs. Namita Pal and others
Mr. Debashis Sur Mr. Mrinmoy Chatterjee ….for the appellant.
Mr. Rajdeep Bhattacharya Mr. Sauradeep Dutta Mr. Himadree Ghosh Mr. Kaustav Seal ...for the respondents.
1. CAN 1 of 2026 is an application for condonation of a delay of about three years and one month in preferring the instant appeal.
2. The ground furnished for the delay in the application is that the appellant was suffering from various coronary artery diseases and hematological issues.
3. However, the inordinate delay of more than three years on the ground of mere coronary artery disease and “hematological ailments”, without anything further to show that such ailments were so grave that the appellant was restricted to his home or could not conduct litigation, is not credible.
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4. Thus, upon hearing learned counsel for the parties, we are of the opinion that no sufficient ground for condonation of the delay in preferring the appeal has been made out.
5. Accordingly, CAN 1 of 2026 is dismissed on contest without any order as to costs.
6. Consequentially, FMAT 251 of 2026 is dismissed as time-barred.
7. CAN 2 of 2026 is also consequentially disposed of.
8. There will be no order as to costs.
9. Urgent Photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Sabyasachi Bhattacharyya, J.)
(Sandip Kumar De, J.)