Sailaja Nath Banerjee Since Deceased Bibhu Banerjee and Ors. v. Nilima Bhattacharje Since Deceased Telottoma Bhattacharjee and Anr.
Case brief
What is this about?
Dismissal of first appeal as not pressed (withdrawal of appeal by appellant); substitution of legal heirs Bibhu Banerjee and Priyanka Banerjee for deceased appellant no. 1(a) Sri Bejoy Shankar Banerjee; abatement of appeal set aside; deletion of deceased respondent no. 1(a) Nilima Bhattacharjee from the array of respondents; vacation of interim orders; return of Trial Court Record (T.C.R.) to the Trial Court at appellant's cost; parties: Sailaja Nath Banerjee v. Nilima Bhattacharjee & Ors.; advocates: Dulal Dey (appellant), Amalakshya Jana (respondents); Bench: Rajasekhar Mantha, J. and Rai Chattopadhyay, J.; decided 18-03-2026.
What did the court decide?
CAN 3 of 2025 disposed of by substituting Bibhu Banerjee and Priyanka Banerjee for deceased appellant no. 1(a) and setting aside abatement; CAN 4 of 2026 allowed by deleting deceased respondent no. 1(a) Nilima Bhattacharjee; appeal dismissed as not pressed; interim orders vacated; T.C.R. directed to be returned to the Trial Court at the appellant's cost.