Aminul Islam vs Shah Ata Hussain & Ors
2022 Latest Caselaw 7805 Cal

                                              FA 32 of 2016
Item-6.                           CAN 1 of 2015 (old CAN 11683 of 2015)
          24-11-2022
                                   CAN 2 of 2017 (old CAN 1819 of 2017)
                                   CAN 3 of 2017 (old CAN 5411 of 2017)
  sg                               CAN 4 of 2018 (old CAN 9058 of 2018)
            Ct. 8

                                                Aminul Islam
                                                   Versus
                                           Shah Ata Hussain & Ors.


                             Mr. Iqbal Hussain, Adv.
                                                           ...for the appellant
                             Mr. Arif Ali, Adv.
                                                           ...for the applicants


                             In Re: CAN 1 of 2015 (old CAN 11683 of 2015)

                             This is an application for deletion of the names of the

                       respondent nos. 3, 9 and 12 as the said respondents died during the

pendency of the appeal and the legal heirs and representatives of

the said respondents are already on record.

In view thereof, this application being CAN 1 of 2015 (old

CAN 11683 of 2015) is allowed.

The department is directed to delete the names of the

respondent nos. 3, 9 and 12 from the memorandum of appeal

within one week from date.

In Re: CAN 3 of 2017 (old CAN 5411 of 2017)

This is an application for substitution of the legal heirs and

representatives of the respondent no.20, who died intestate on 23rd

April, 2017 leaving behind the legal heirs and representatives

mentioned in paragraph 2 of the petition. All the proposed

substituted legal heirs are major, sui juries and sound mind.

In view thereof, this application for substitution is allowed.

CAN 3 of 2017 (old CAN 5411 of 2017) is, accordingly, disposed

of.

Department is directed to substitute the legal heirs and

representatives of the respondent no.20 mentioned in paragraph 2

of the petition in place and stead of the respondent no.20 in the

memorandum of appeal.

In Re: CAN 2 of 2017 (old CAN 1819 of 2017)

This is an application for substitution of the legal heirs and

representatives of the respondent no.15, who died intestate on 25th

November, 2016 leaving behind the legal heirs and representatives

mentioned in paragraph 2 of the petition. All the proposed

substituted legal heirs are major, sui juries and sound mind.

In view thereof, this application for substitution is allowed.

CAN 2 of 2017 (old CAN 1819 of 2017) is, accordingly, disposed

of.

Department is directed to substitute the legal heirs and

representatives of the respondent no.15 mentioned in paragraph 2

of the petition instead and place of the respondent no.15 in the

memorandum of appeal.

In Re: CAN 4 of 2018 (old CAN 9058 of 2018)

This is an application for substitution of the legal heirs and

representatives of the respondent no.1, who died intestate on 26 th

August, 2018 leaving behind the legal heirs and representatives

mentioned in paragraph 2 of the petition. All the proposed

substituted legal heirs are major, sui juries and sound mind.

In view thereof, this application for substitution is allowed.

CAN 4 of 2018 (old CAN 9058 of 2018) is, accordingly, disposed

of.

Department is directed to substitute the legal heirs and

representatives of the respondent no.1 mentioned in paragraph 2

of the petition instead and place of the respondent no.1 in the

memorandum of appeal.

In Re: FA 32 of 2016

We have been informed that save and except the appellants

in FA 271 of 2014, none had contested the partition suit.

In view thereof, FA 32 of 2016 shall be heard along with FA

271 of 2014.

Both the appeals should be listed in the combined monthly

list of January, 2023.

Since both the appeals are arising out of same judgment and

decree, paper book filed in FA 271 of 2014 shall be treated as the

paper book for FA 32 of 2016 as well.

Service of notice of appeal is waived by Mr. Arif Ali,

Advocate.

Service of notice of appeal as regards the other respondents

is waived at the risk of the appellants in both the appeals.

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