Smt. Sonoka Mahajan & Ors vs Sri Rabindra Nath Ghosh (Since ...
2022 Latest Caselaw 4100 Cal

08.07.2022
 SL No.9
Court No.8
    (gc)


                             SAT 164 of 2012
                                  With
                              CAN 5 of 2022

                    Smt. Sonoka Mahajan & Ors.
                                  Vs.
              Sri Rabindra Nath Ghosh (since deceased)
                   Rep. by Sri Sanjoy Ghosh & Anr.

                       (Through Video Conference)

                                   Mrs. Sabita Mukherjee Roychowdhury,
                                   Ms. Rajashree Paul,
                                   Mr. Sanket Das,
                                                    ...for the Respondents.

The appellants are not represented, nor any

accommodation is prayed for on their behalf.

The appeal is directed against the judgment and decree

passed by the learned Judge, 12th Bench, City Civil Court at

Calcutta in T.A. No.25 of 2010. The learned First Appellate

Court was pleased to affirm the judgment and decree passed

by the learned Trial Court in Ejectment Suit No.2614 of 2000.

The matter came up for hearing on 20.06.2022, when

learned Counsel for the respondents/decree-holders

submitted that possession has already been delivered.

Learned Counsel for the appellants present that day

submitted that he would come back with the present status of

the suit property. On 27.06.2022, the matter was adjourned.

Today, none appears on behalf of the appellants. Learned

Counsel for the respondents produced a Photostat copy of the

Order No.175 dated 10.06.2022 wherefrom it appears that

Execution Case was disposed of on full satisfaction of decree.

Under such circumstances, we do not find any reason

to admit the second appeal, once dismissed for default earlier,

only to burden the Court. The concurrent finding of the

learned Trial Court and First Appellate Court is unassailable.

Photocopy of Order No.175 dated 10.06.2022, together with

Bailiff Report be kept with record.

Hence, the second appeal does not deserve any order of

admission.

Accordingly, the appeal being SAT 164 of 2012 and the

application being CAN 5 of 2022 stand dismissed.

However, there shall be no order as to costs.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)