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2019 Supreme(SC) 707

A.M.KHANWILKAR, AJAY RASTOGI
SUNIL VASUDEVA – Appellant
Versus
SUNDAR GUPTA – Respondent


Advocates Appeared:
For the Appellant :Mr. Vikas Mehta, Advocate, Mr. Rajat Sehgal, Advocate and Mr. Mithun Shashank, Advocate
For the Respondent:Mr. Baij Nath Patel, Advocate, Ms. Sweta, Advocate, Ms. Romila, Advocate, Mr. Ranjan Mukherjee, Advocate, Mrs. Anil Katiyar, Advocate and Mr. Surya Kant, Advocate and Respondent in person.

JUDGMENT

Ajay Rastogi, J.

Leave granted.

2. The present appeal is being filed against the impugned judgment dated 24th September, 2014 passed by the High Court of Calcutta in RVW No. 272 of 2012 recalling the Order dated 19th October, 2012 and while setting aside the order dated 31st March, 2006 restoring the Writ Petition No. 18500(W) of 1985 to be heard on its own merits as expeditiously as possible which is a subject matter of challenge in appeal before us.

3. The facts that emerge from the multitude and collateral and exhaustive pleadings of the parties in nutshell are that respondent nos. 1, 2 and 3 (writ petitioners) are the grandsons of Kirodimull Lohariwala and sons of Premchand Gupta both since deceased, who constituted a H.U.F. which owned property No. 43, Prithviraj Road, New Delhi(subject property) standing in their joint names having other properties at Calcutta.

4. The present appellants are alleged to be the legal heirs of late V. N. Vasudeva who happens to be the income tax practitioner and lawyer of late Kirodimull Lohariwala had purchased the subject property in an open auction conducted by the Income Tax Department on 18th August, 1964 for a consideration of Rs. 2,60,






























































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