Meera Srimani & Ors vs Chairman On Behalf Of Board Of ...
2022 Latest Caselaw 8690 Cal

23.12.2022
 SL No.7
Court No.8
   (gc)
                           SAT 231 of 2013
               CAN 1 of 2013 (Old No: CAN 5498 of 2013)
               CAN 2 of 2013 (Old No: CAN 5499 of 2013)

                        Meera Srimani & Ors.
                                  Vs.
             Chairman on behalf of Board of Commissioners,
                    Serampore Municipality & Ors.



                     This matter appeared in the Warning List of 29th

               November, 2022 with a clear indication that this matter

               shall be transferred to the Regular Bench on 5th December,

               2022. Since then the matter is appearing in the list.   The

               appellants have due notice of the matter. The appellants are

               not represented.

                     Re: CAN 2 of 2013 (Old No: CAN 5499 of 2013)

                     This is an application for leave to the appellants to

               bring on record and/or add the legal heirs of the deceased

               respondent No.2 in Title Appeal No.207 of 2000 who died

on 19.04.2012 after the appellate decree was passed on

22.12.2011. The substituted plaintiffs/appellant/

petitioners have already preferred a second appeal being

SAT 230 of 2013 in which they have already included the

certified copy of the judgment of the Trial Court as well as

the Appellate Court. It is stated in the petition that

during the pendency of the two appeals, Janakananda

Srimani, the original plaintiff/appellant died and his legal

heirs were brought on record vide Oder No.85 and 79

dated 02.02.2011. It further appears that two suits were

heard analogously and disposed of by a common

judgment.

Under such circumstances, this application is

allowed by granting leave to the petitioners to bring on

record and/or add the legal heirs of the deceased

respondent No.2 in T.A. No.207 of 2000 in the instant

appeal.

The department is directed to carry out the

necessary amendment in the memorandum of appeal by

10th of January, 2023.

Accordingly, this application is disposed of.

Re: CAN 1 of 2013 (Old No: CAN 5498 of 2013)

In view of the aforesaid order and observation made

by us, this application for dispensing with the filing of

separate certified copy of the judgment and decree of the

learned Trial Court is dispensed with.

Accordingly, this application is allowed and

disposed of.

This matter shall be hard analogously with SAT 230

of 2013 on 17th January, 2023.

Since the applicants are not being represented, let

an administrative notice be issued upon Sri Sukdev

Srimani by Speed Post with A.D. on or before 3rd January,

2023 intimating him that the second appeal shall be listed

on 17th January, 2023 and in the event the appellants are

not represented on the adjourned date, the appeal may be

disposed of on the basis of the available materials on

record.

The department is directed to file a compliance

report and proof of delivery by the adjourned date.

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