The petitioner failed to appear before the Court on the fixed date with no accommodation sought. Despite prior clarifications, the petitioner did not cure record discrepancies or show interest in proceeding. The application was dismissed for default and interim orders vacated.
PLA/37/2019 dismissed for default; interim order (if any) vacated.
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OD-14
ORDER SHEET
PLA/37/2019
IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE
IN THE GOODS OF : MEENA VASANT SHAH, DEC.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO Date : January 18, 2023.
The Court: The matter was listed on 21st December, 2022 but none appeared on behalf of the petitioner and accordingly, for the ends of justice, the case was adjourned till today. The matter is listed today and at the time of call, none appears on behalf of the petitioner. No accommodation is sought for.
Vide order dated 21st December, 2022, this Court has however clarified that on the date fixed, if none appears on behalf of the petitioner, appropriate orders will be passed.
It is found from the record that the application was filed in the year 2019 and subsequently several discrepancies have been noted by the department but till date the petitioner has not taken any step to cure the defect. It is found from the record that the petitioner is not interested to proceed with the matter. Hence, this Court has no other option but to dismiss the said application.
Accordingly, PLA/37/2019 is dismissed for default.
Interim order, if any, stands vacated.
(KRISHNA RAO, J.)
sp3
Meena Vasant Shah (dec.), Petitioner
Respondent (Petitioner's side)
Krishna Rao
As recorded by the court registry
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