Abdul Latif & Ors vs Hasimuddin & Ors
2021 Latest Caselaw 465 Cal

   8.
22.01.2021
  S.D.

                                  S.A.T. 153 of 2011
                                        With
                       CAN 1 of 2011 (Old No. CAN 5649 of 2011)
                       CAN 2 of 2011 (Old No. CAN 5650 of 2011)
                       CAN 3 of 2011 (Old No. CAN 5651 of 2011)
                       CAN 4 of 2011 (Old No. CAN 5652 of 2011)

                                  Abdul Latif & Ors.
                                         Vs.
                                  Hasimuddin & Ors.

                  Mr. Partha Sarathi Bhattacharya, Sr. Adv.,
                  Mr. Raju Bhattacharya
                                             ...For the Appellants.

                  Compliance has been shown in respect of the order

             dated 15.1.2021 by service of notice to the learned Advocate

             who appeared for the respondents. Notice be kept on record.

In re: CAN 4 of 2011 (Old No. CAN 5652 of 2011)

This is an application under Section 5 of the Limitation

Act for condonation of delay of 17 days in filing the present

appeal inter alia on the grounds that the petitioner belonged

to a remote village having no knowledge of legal niceties and

no knowledge about the time within which the time appeal

should be filed before the Hon'ble Court and their main

source of income is from cultivation and could not collect

money for the purpose of preferring appeal.

Having heard the learned Advocate for the

appellants/petitioners and in consideration of the explanation

so offered is sufficient in my view and is accepted.

Accordingly, the delay of 17 days in preferring the

appeal is condoned.

Thus, the application being CAN 4 of 2011 (Old No.

CAN 5652 of 2011) is disposed of.

There will be no order as to costs.

In re: CAN 1 of 2011 (Old No. CAN 5649 of 2011)

This is an application for representing of Memorandum

of Appeal against the heirs and legal representatives of

Akhalatoon.

It is submitted that Akhalatoon being the appellant no.

6 in Title Appeal No. 8 of 2009 has died after the judgment

was delivered in Title Appeal No. 8 of 2009 on 23.9.2010

leaving behind her heirs, namely Afsana Khatun and

Kashmira Khatun, both are daughters, who are major, sui-

juris and sound mind.

Accordingly, let the heirs of appellant no. 6, Akhalatoon

since deceased be substituted in place and stead as appellant

nos. 6(A) and 6(B).

Department is directed to note the change in the cause

title of the memorandum of appeal accordingly and to

represent the same. Necessary amendment be carried out.

Thus, CAN 1 of 2011 (Old No. CAN 5649 of 2011) is

disposed of.

In re: CAN 2 of 2011 (Old No. CAN 5650 of 2011)

In view of the order passed in CAN 5649 of 2011, the

application filed for Leave to Proceed with the Appeal

against the heirs and legal representatives of Akhalatoon is

considered and has been allowed.

Thus, CAN 2 of 2011 (Old No. CAN 5650 of 2011) is

disposed of.

Now, let the matter be placed before the appropriate

Bench for hearing under Order 41 Rule 11 of the Code of Civil

Procedure.

Urgent certified copies of this order, if applied for, be

given to the parties upon compliance of the formalities.

(Shivakant Prasad, J.)