MC 952/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. Choudhury, the learned counsel for the applicants as well as M r. Khatri, the learned Sr. counsel for the respondents. The applicants by the present application is praying for striking out th e names of the respondent No.1 Smt. Kanan Bala Dutta, who died on 28.12.2009 and the respondent No.2 Smt. Sumitra Dutta, who died long back, on the ground that their heirs are already on record as respondent No.2. Prayer for striking out the names of the respondent Nos.1 and 3 from the list of the respondents in RSA No.83/2005 is allowed. The names of the said respondents are struck off at the risk of the appl icants/appellants. The question of maintainability of the appeal in the absence of the said respondents would be considered at the appropriate time. Misc. case disposed of.