(1.) There were two appeals for consideration. Both the said appeals arose from the same partition and administration suit being P and A suit no. 438 of 1973. The first appeal being APOT No.156 of 2021, APO 83 of 2021 (for short, the first appeal) was filed from the impugned order dated November 19, 2018. By the said impugned order dated November 19, 2018 the application being GA No. 3101 of 2018 filed by the appellant praying for recalling/modification/variation of the impugned decree for partition dated July 05, 2017 (for short, the impugned decree for partition) was dismissed. By an order dated July 01, 2021 passed by this court the delay in preferring the said first appeal was condoned and the appeal was admitted.
(2.) The second appeal being APDT No. 8 of 2021 was filed from the said impugned decree for partition. GA No. 01 of 2021 was filed in the said second appeal praying for condonation of delay of about 1580 number of days in preferring the appeal. The said application for condonation of delay in the second appeal was contested thread bare by filing affidavits by the respective parties. The parties had agreed for a consolidated hearing of the said application for condonation of delay along with the said second appeal on merits.
(3.) In connection with the said second appeal an application GA No. 3 of 2021 (for short, the substitution application) had been taken out, inter alia, praying for recording of the death of the respondent no.3 namely Soumen Mullick and respondent no.6 namely Sourendra Mullick and the necessary substitution by their legal heirs and representatives as indicated therein.
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