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2022 Supreme(SC) 431

M. R. SHAH, B. V. NAGARATHNA
Abdul Matin Mallick – Appellant
Versus
Subrata Bhattacharjee (Banerjee) – Respondent


Advocates Appeared:
For the Appellant :Anand, Rajeshri N. Reddy, Dibyadyuti Banerjee, Kumar Neeraj, Abhijit Sengupta, Advocates.
For the Respondent:Deepak Goel, Advocates.

JUDGMENT :

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Calcutta in CO. NO. 4266 of 2016 by which the High Court has dismissed the said writ petition preferred by the appellant herein and has confirmed the order passed by the first Appellate Court allowing the application submitted by the respondents herein - pre-emptors, the original respondents -revisionists before the High Court, the appellant herein - pre-emptee has preferred the present appeal arising out of SLP (C) No. 5394 of 2022.

1.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Calcutta in CO. NO. 1153 of 2016 by which the High Court has allowed the said writ petition preferred by the respondents herein and has revived the execution case filed by the respondents for implementing the pre-emption order and has further directed that the executing court shall direct possession to be handed over to the pre-emptors in respect of the property in question positively within 31.08.2021, the appellant herein - pre-emptee has preferred the present appeal arising out of SLP (C) No. 4261 of 2022.

2. The facts leading t


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