ORDER 1. This matter is taken up through hybrid arrangement (virtual/physical mode). 2. Heard Mr. S.N. Mohapatra, learned counsel for the Appellant and Mr. A.P. Bose, learned counsel for the Respondent No.1, who is on advance appearance on behalf of the Respondent No.1 by filing caveat. Perused the judgments passed by the courts below. 3. The Appeal is admitted on the following substantial question of law: 'Whether in the facts and circumstances of the case, the findings and observations of the learned Lower Appellate Court that the Plaintiff as the co-owner can maintain the suit for eviction in absence of any material to indicate that the other co-owners are agreeable for ejectment of the Plaintiff from the suit shop house is sustainable in law?' 4. It is submitted by the learned counsel for the Parties that since the Respondent No.2 has not advanced any independent claim of his own over the subject matter of the suit and has sailed in the same boat with that of the Respondent No.1, the notice of hearing of this Appeal is not required to be served on him as he has nothing to do with the result. Accordingly, it is ordered that there is no need to serve notice of hearing of this Appeal upon the Respondent No.2. 5. On consent of the learned counsel for the Parties, they have been heard on the substantial question of law and the judgment is passed dismissing the Appeal without cost as per the separate sheets as enclosed.