Dismissed¶9
Sefali Chakraborty v. Malati Bandyopadhyay & Ors.
Calcutta HCFAT/339/2008
Case brief
AI extract
What is this about?
Abatement of first appeal on death of sole appellant; refusal/non-interest of proposed legal heirs to file substitution application results in dismissal of appeal as abated; Trial Court Record (T.C.R.) sent down to Trial Court. Case: FAT 339 of 2008 (FA 77 of 2009); parties: Sefali Chakraborty (appellant, deceased during pendency) vs. Malati Bandyopadhyay & Ors. (respondents); advocate: Mr. Ashit Kumar Chakraborty for the Appellant; decided 07.08.2025; coram: Soumen Sen, J. and Apurba Sinha Ray, J.
What did the court decide?
In absence of an application for substitution, the appeal cannot proceed, and accordingly the appeal stands dismissed as abated. ¶9