Neckchan Bewa @ Menchan Bewa Since Deceased Her Lagal Heris Nebu Seikh and Anr. v. Bablu Seikh and Ors.
Case brief
What is this about?
Division bench (Sabyasachi Bhattacharyya and Subhendu Samanta, JJ.) on 7th January, 2025 dismissed for default CAN 1 of 2023 (condonation of delay) in F.A.T 189 of 2023 (Neckchan Bewa @ Menchan Bewa through legal heirs vs. Bablu Seikh), the appeal having been filed about ten years after the impugned judgment; appeal held non est and dismissed with CAN 2 of 2023; no costs; executing court free to continue/conclude execution case notwithstanding pendency. Keywords: condonation of delay, dismissal for default, non est appeal, limitation delay, execution proceedings unimpeded.
What did the court decide?
None to the appellants: CAN 1 of 2023 (condonation of delay) dismissed for default; appeal F.A.T 189 of 2023 dismissed as non est along with CAN 2 of 2023; no order as to costs. ¶17