Jyotirmay Bhattacharya, J. - (1.) The instant first appeal is directed against a preliminary decree passed by the learned Trial Judge in a partition suit, at the instance of the defendant nos. 1, 3, 6 and 8/appellants.
(2.) In connection with this appeal, an application for appropriate order was filed by the appellants. While the said application was taken up for consideration, we are informed by Mr. Chatterjee, learned senior advocate appearing for the appellants that one of the defendants/respondents viz. Smt. Kanak Sarkar died during the pendency of the suit on 22nd December, 2000. We are also informed by him that no step was taken for substituting the legal heirs of the said deceased-defendant in the suit.
(3.) We are further informed by Mr. Ghosal, learned advocate appearing for the respondent nos. 3(a) to 3(f) that another defendant being defendant no. 2 viz. Kartick Jhuri also died during the pendency of the suit on 25th May, 2003 and no step for effecting substitution of his legal heirs was taken by the plaintiffs in the said suit. The suit was instituted sometime in 1999. Hearing of the said suit was concluded on 16th November, 2007 and the preliminary decree was passed in the said suit on 27th November, 2007.;