Sri Ganesh Karan vs Sri Himangshu Sekhar Santra & Ors
2023 Latest Caselaw 1091 Cal

46      09.02.2023                        SAT 16 of 2016
                                                 with
Ct-08                        I.A No. CAN 1 of 2017(Old CAN No. 594 of 2017)

                                          Sri Ganesh Karan
                                                 Vs.
                                 Sri Himangshu Sekhar Santra & Ors.
ar


                           The appellant is not represented.          Even on
                     the     earlier    occasion      the    appellant        was
                     unrepresented.
                           The matter is appearing in the list since 6th
                     February, 2023. Therefore, the appellant has due
                     notice.
                           The department has reported that the defects
                     pointed out by the stamp reporter in its report
                     dated 21.01.2016. No attempt has been made to
                     remove such defects.
                           The appellate judgment and decree dated 24th
                     September, 2015 affirming the judgment and
                     decree passed by the trial court on 27th May,
                     2013 is the subject matter of challenge in this
                     second appeal.
                           We have carefully gone through the judgment
                     of the the first appellate court as the appellant
                     has not filed the certified copy of the judgment of
                     the trial court.
                           The first appellate court on the basis of the
                     evidence has arrived at a finding that the
                     Exhibits-A and B series relied upon by the
                     appellant did not establish his title whereas the
                     series of documents marked as Exhibit-2 the
                     plaintiffs/respondents undoubtedly established

their right, title and interest and possession of plaintiffs and proforma defendant no. 6 over the suit property. The Exhibits 2,3 and 7 series reflected that the suit property was owned and

possessed by the vendors of the plaintiffs. Exhibits 8 and 9 showed that the same was transferred in favour of the plaintiffs. In absence of the appellant to demonstrate the said exhibits with regard to the title and possession of the plaintiffs in respect of 'Ka' schedule property we are not inclined to admit the second appeal. We could have dismissed the second appeal for non-removal of defects having regard to the long passage of time, which clearly indicates that the appellant is not interested to proceed with the appeal. We, however, propose to consider the judgment of the first appellate court and the grounds of appeal to decide the question of admissibility of the second appeal. On such consideration, the appeal is accordingly dismissed along with CAN 594 of 2017.

Interim order, if any, stands vacated. There will be no order as to costs.

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