Sutanu Chakraborty and Ors. v. Jb. Md. Ibrahim and Ors.
Case brief
What is this about?
Nullity of an order passed against a respondent who died before the writ petition W.P.A. 2665 of 2022 was filed; setting aside of the disposal order dated April 19, 2022 and of the recalling-application order dated July 22, 2022; remand of records to the learned Single Judge for fresh decision on merits; heirs and legal representatives permitted to appeal; condonation of delay under Section 5, Limitation Act 1963; appeals M.A.T. 1223/1224/1225/1264/1267 of 2022 and F.M.A. 1094/902 of 2022 disposed of without costs; Board of Waqf, West Bengal represented.
What did the court decide?
Delay in filing condoned (CAN 1 of 2022 disposed of); order dated April 19, 2022 disposing W.P.A. 2665 of 2022 set aside as a nullity vis-a-vis the deceased respondent's heirs; consequent setting aside of the July 22, 2022 recalling-application order; records of W.P.A. 2665 of 2022 remitted to the learned Single Judge for final decision on merits; M.A.T. 1224 and 1264 of 2022 (with their applications), M.A.T. 1223, M.A.T. 1267, F.M.A. 1094, M.A.T. 1225 and F.M.A. 902 of 2022 with connected applications disposed of without any order as to costs.