Single judge order dismissing an instant appeal for non-prosecution as none of the appellants appeared before the court despite multiple listings.
None
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GAHC010008742015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 35/2015
1:MOMOTAZ KHANAM and 4 ORS W/O LT. KHALILUR RAHMAN
2: BAKHTIYAR MANSUR AGED ABOUT 6 YEARS S/O LT. KHALILUR RAHMAN
3: WACHIMA TABASSUM AGED ABOUT 4 YEARS D/O LT. KHALILUR RAHMAN
4: TAFAJUL ALI S/O LT. IRFAN ALI
5: SAMSIYA KHATUN W/O TAFAJUL ALI ALL ARE R/O VILL. HARINADIK P.O. ANGLAR BAZAR P.S. BADARPUR
DIST. KARIMGANJ
ASSAM CLAIMANT NO. 2 AND 3 ARE BEING MINOR SON AND DAUGHTER OF THE DECEASED RESPECTIVELY AND THEY ARE REPRESENTED BY THEIR MOTHER/NATURAL GUARDING MOMOTAZ KHANAM I.E. CLAIMANTS/PETITIONER NO. 1
VERSUS
1:SHRI BACHHRAJ CHHORDIA and ANR
S/O SRI CHAGANMOL CHHORDIA, C/O M/S/SHARMAH BHANDAR DHEMAJI, CHARIALI, P.O. and DIST. DHRMAJI, ASSAM.
2:UNITED INDIA INSURANCE CO. LTD. DHEMAJI MICRO OFFICE THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. SILCHAR CACHAR DIVISION SHARMA PRASAD ROAD P.O. SILCHAR
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DIST. CACHAR ASSAM
Advocate for the Petitioner : MISS.P M AHMED
Advocate for the Respondent : MS.R D MOZUMDARR-2
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 18-06-2019
None has appeared for the appellants on call. Ms. R.D. Mazumder, learned counsel for the respondent No. 2 is present.
It is noticed that when the matter was listed on 15.06.2018 none appeared for the appellants but the respondents side was in attendance and the matter was ordered to be listed after summer vacation. Thereafter, the matter was listed on 16.07.2018, but on that day also, none appeared for the appellants. When the matter was, thereafter, again listed on 29.08.2018, learned counsel appearing for the appellants, has submitted that he would be representing the appellants and sought for some time, as he was a newly engaged counsel and did not file vokalatnama till then. When the matter was listed for hearing on 11.03.2019, none appeared for the appellants on call. It transpires that no vokalatnama subsequent to order dated 29.08.2018 has been filed on behalf of the appellants.
In view of the above, it, prima facie, appears that the appellants are not interested to pursue the instant appeal.
Accordingly, this appeal is dismissed for non-prosecution.
JUDGE
Comparing Assistant
1:MOMOTAZ KHANAM and 4 ORS
2:SHRI BACHHRAJ CHHORDIA and ANR
UNITED INDIA INSURANCE CO. LTD.
Manish Choudhury
As recorded by the court registry
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