Ct. 8 vs Legal Heirs Of Abdul Zalil & Ors
2023 Latest Caselaw 188 Cal

FMAT 485 of 2012 Item-6.

06-01-2023

sg Majammel Mondal & Ors.

Ct. 8 Versus Legal heirs of Abdul Zalil & Ors.

The matter appeared in the warning list on 29 th November,

2022 and thereafter transferred to the regular list on 5th December,

2022. There was a clear indication in the list that the matter shall

be transferred to the daily cause list on 5 th December, 2022 and

since then the appeal is appearing in the list.

The appellants are not represented nor any accommodation

is prayed for on behalf of the appellants.

The appeal is defective. No attempt has been made to

remove the defects as notified by the Additional Stamp Reporter

in its report dated 30th April, 2012.

In view of the judgment of the Hon'ble Supreme Court in

the case of Shyam Sundar Sarma vs. Pannalal Jaiswal & Ors.

reported in (2005) 1 SCC 436 decided on 4th November, 2004, this

appeal may be classified as Second Miscellaneous Appeal.

Accordingly, the department is directed to classify it as

Second Miscellaneous Appeal.

Place this matter for further consideration on 11th January,

2023.

In the event, the appellants are not represented on the

adjourned date and the defects are not removed by the adjourned

date, we may decide the matter in absence of the appellants.

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