SA/23/2007
2021 Latest Caselaw 2739 Cal

1        08.04.2021
sd                                           SA 23 of 2007

Ct .9.
                               Mr. P.K. Banerjee
                               Ms. Indrani Nandi
                               Ms. K. Yadav
                                                    ..For the respondents.

The suit for eviction of licensee filed on behalf of the

respondents as plaintiffs before the trial court was decreed by

judgment and decree dated 17.06.2003. The judgment of the

trial court was challenged in appeal and the appeal was

dismissed on contest affirming the judgment and decree

passed by the learned trial court by a judgment dated

28.09.2005.

Being aggrieved the appellants filed the memo of

appeal being SAT 1476 of 2006 and the appeal was admitted

on formulation of substantial questions of law with the

direction upon the appellants to call for the LCR and to issue

usual notices and interim order of stay was granted against

the operation of the judgment passed by the courts' below

and proceeding with the Title Execution Case No. 14 of 2003

pending in the court of learned Civil Judge, Junior Division,

2nd Court Hooghly (Sadar) Chinsurah.

None appears on behalf of the appellants although

Mr. Banerjee appears on behalf of the respondents to contend

that the matter is pending since long without any step being

taken by the appellants.

It is also pointed out that appellant no. 1 died on

06.07.2014 but no step has been taken by the appellant to

substitute the heirs of deceased appellant no. 1.

Since none appears on behalf of the appellants, the

appeal is dismissed.

Interim order, if any, stands vacated.

(Shivakant Prasad, J. )