The Single Appellate Court dismissed the appeal for non-compliance with an order dated 11.01.2017, noting the appellant's failure to take steps to cure defects as an indication of lack of interest in proceeding.
Sanctity of the order dated 11.01.2017 upheld due to appellant's non-compliance.
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SA 348 of 2009
Sk. Soleman Mahammad & Anr.
Vs.
Sk. Mazaffar Mahammad & Ors.
Order dated:10.03.2023
The appellant is not represented nor any accommodation is prayed for on behalf of the appellant.
The department in its report dated 2nd March, 2023 has stated that
the appellant has not complied with the order dated 11th January, 2017.
The appellant has sufficient notice of such non-compliance but did not take any step in the mean time to cure the defects.
It clearly shows that the appellant is not interested to proceed with the matter.
Under such circumstances SA 348 of 2009 is dismissed for noncompliance of the order dated 11th January, 2017.
(Soumen Sen, J.)
(Uday Kumar, J.)
Sk. Soleman Mahammad & Anr.
Sk. Mazaffar Mahammad & Ors.
Soumen Sen
Uday Kumar
As recorded by the court registry
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