D/L.173

September 23, 2025.

MNS.

CO No. 1288 of 2025

Prasenjit Sen and others

-vs-

Saraswati Devi Jaiswal and others

Mr. Anirban Roy

…for the petitioners

1. Despite service, none appears for the

opposite parties.

2. The affidavit-of-service, along with the

unserved envelopes filed in Court today, be

kept on record.

3. It appears from the envelopes that the

postal endorsement on the envelopes is “unclaimed”, which tantamounts to good

service.

4. In any event, in view of the innocuous

nature of the order sought by the petitioners, further service on the opposite

parties is deemed unnecessary.

5. The petitioners obtained a decree in a suit

for recovery of possession. From the said decree, an appeal has been preferred by

the opposite parties.

6. During pendency of the appeal, an application was made under Section 152 of the Code of Civil Procedure (in short “the Code”) by the plaintiffs/petitioners before the trial court seeking an innocuous rectification of the trial court’s decree to the effect that the name of Bishnu Chandra Sen, the plaintiff no. 1 (since deceased), was sought to be deleted. Prior to passing of the trial court’s decree, an application for substitution of the heirs of late Bishnu Chandra