Ct-08 Sri Ratan Kumar Guha Roy ... vs Panchanan Saha & Ors
2022 Latest Caselaw 8642 Cal

22      22.12.2022                       SMAT 8 of 2011

Ct-08                      Sri Ratan Kumar Guha Roy Chowdhury & Anr.
                                               Vs.
                                      Panchanan Saha & Ors.


ar

The appeal is of the year 2011. However, no attempt has been made to move this appeal. The appeal appeared in the warning list on 29th November, 2022 with a clear indication that the same shall be transferred to the regular list on 5th December, 2022, since then the matter is appearing in the list.

The appellants are not represented nor any accommodation is prayed for on behalf of the appellants.

The stamp reporter in his report dated 04.5.2011 has notified some defects. Such defects have not yet been removed by the appellants. It appears that the appellants are not interested to proceed with the appeal. The appellate judgment and decree dated 28th February, 2011 passed by learned Additional District Judge, at Alipore, 24 Parganas (South) in Misc. Appeal No. 233 of 2010 arising out of order dated 3rd March, 2010 passed by learned Judge (Senior Division), 9th Court, Alipore, in Misc. Case No. 789 of 2008 filed by the present appellant is the subject matter of challenge in this second appeal.

We have gone through the judgment of the trial court as well as the first appellate court. Brief reasons indicated in the said judgments having regard to Section 2(g) of the West Bengal Premises Tenancy Act, 1956 we may not have any locus to interfere with the said judgment.

On such consideration, The appeal stands dismissed at the admission stage. There will be no order as to costs.

(Uday Kumar,J.) (Soumen Sen, J.)