(Legal Heirs Of Late Kanu Sharma) vs Nakul Sharma
2023 Latest Caselaw 6034 Cal

08.09.2023                                FAT 316 of 2018
                                                with
Court
Item
              : 04
              : 07
                                        CAN 1 (9789) of 2019
Matter        : FAT
Status        : OP
Bench ID
Transcriber
              : 266048
              : NANDY                     Asha Sharma & Anr.,
                                   (Legal heirs of Late Kanu Sharma)
                                                    Vs.
                                             Nakul Sharma

                         Mr. Subrata Ghosh, Advocate
                                                      ......for the Appellants
                         Mr. Debarshee Bhattacharya, Advocate
                         Mr. Arka Mukherjee, Advocate
                                                     ......for the Respondent

1. The application for condonation of delay has been filed as the instant appeal is filed 358 days beyond the period of limitation provided therefor.

2. After perusing the averments made in the application for condonation of delay and also the impugned judgment and decree challenged in the instant appeal, we invited the attention of both the parties that the instant appeal and the aforesaid applications can be conveniently decided and/or disposed of on the proposition of law applicable in this regard vis-à-vis the findings returned by the Trial Court in the impugned judgment.

3. The Counsel for the parties agreed to argue the matter on merit of the impugned judgment and decree. However, the Counsel for the respondent says that though his client instructed him to appear in the matter but no copy of the application as well as the memorandum of appeal containing the impugned judgment and decree, have been served upon his client.

4. In order to expedite the hearing of the appeal, we direct the Advocate-on-record of the appellant to

serve a copy of the application for condonation of delay as well as the memorandum of appeal containing the impugned judgment and decree upon the learned Advocate appearing for the respondent in course of this day.

5. Let this matter be listed on Thursday i.e. 14.09.2023 as 'For Orders' in the supplementary list to be taken up at 10.30 a.m..

6. It is once again made clear that both the Counsel shall argue the matter on merit only.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)