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2021 Supreme(Cal) 405

ARINDAM SINHA, SUGATO MAJUMDAR
Shankar Dhibar – Appellant
Versus
Bangshi Dhibar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Saunak Bhattacharya

JUDGMENT :

Sugato Majumdar, J.

1. Mr. Bhattacharya, learned advocate appears on behalf of appellants and submits, though the appeal was heard in relation to its admission, on 30th September, 2021, thereafter he received information that appellant no.5 and respondent no. 1 died respectively on 23rd August, 2021 and 30th October, 2020. He submits further, he has not been able to locate any authority that bars a Court from deciding on claims of title in absence of title documents. We have heard this submission of Mr. Bhattacharya. We are of considered opinion that fate of admission hearing of the instant second appeal would in no way impair or prejudice the interests of the parties or persons claiming under them, since we are of the view no question of law is involved in the appeal. We give below reasons for our view.

2. The instant second appeal is preferred against the appellate judgment and decree dated 12.03.2015 passed in Title Appeal No. 119of 2013 by the Civil Judge (Senior Division), Additional Court at Purulia, whereby, the Learned First Appellate Court allowed the appeal filed by the respondents/plaintiffs and passed decree of declaration of title and possession of the responde

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