Smt. Sarmilee Dutta vs Smt. Barnali Dutta And Ors
2021 Latest Caselaw 447 Cal/2

OD-1

                   IN THE HIGH COURT AT CALCUTTA
                       Civil Appellate Jurisdiction
                             ORIGINAL SIDE


                             APOT/25/2021
                          WITH CS/438/1973
                     IA NO: GA/1/2021, GA/2/2021
                         SMT. SARMILEE DUTTA
                                  VS.
                     SMT. BARNALI DUTTA AND ORS.
                                ............

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI AND The Hon'ble JUSTICE ANIRUDDHA ROY Date : 1st July, 2021.

[VIA VIDEO CONFERENCE]

Mr. Satarup Banerjee, Adv...for the appellant.

The Court : An affidavit of service is on record. None appears for the

respondents.

We first take up the application for condonation of delay [GA/1/2021].

There is a delay of about 772 days in preferring the appeal. This

inordinate delay has been sought to be explained in paragraphs 8 to 16 of the

petition.

Although the respondents have not appeared, we have gone through the

affidavit in opposition of Somnath Mullick affirmed on 16th March, 2021 on

behalf of the respondent no.9.

We are of the view that sufficient cause has been shown to explain the

delay in filing this appeal. Moreover, none comes forward to oppose the prayer

for condonation of delay despite our granting several adjournments to enable

the respondents to be properly noticed.

We condone the delay. The said application [GA/1/2021] is allowed.

We admit the appeal against the judgment and decree dated 19th

November, 2008.

As the respondents are not appearing, we direct issuance and service of

notice of appeal upon the respondents by 6th August, 2021.

Other formalities are dispensed with. We expedite the hearing of the

appeal.

Advocate on record for the appellant will file an informal paper book in

this Court by 31st August, 2021, serving a copy thereof on the advocate on

record for the respondent at least seven days before the date of hearing of the

appeal.

List this appeal for hearing on 14th September, 2021.

The applications, GA/1/2021 and GA/2/2021 are disposed of.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J. )

pkd./SN