Bhudev Mallick Alias Bhudeb Mallick vs Ranajit Ghoshal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 300

J. B. PARDIWALA, R. MAHADEVAN
Bhudev Mallick Alias Bhudeb Mallick – Appellant
Versus
Ranajit Ghoshal – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Rabin Majumder, Adv. Mr. Joydeep Mukherjee, AOR
For the Respondent(s): Mrs. Lalita Kaushik, AOR

ORDER :

1. Heard the learned counsel appearing for the parties.

2. Exemption Application is allowed.

3. Leave granted.

4. This appeal arises from the order passed by the High Court of Judicature at Calcutta dated 23.09.2019 in CO. No. 3283 of 2019 by which the High Court rejected the CO filed by the appellants herein (judgment debtors) and thereby affirmed the order passed by the Executing Court dated 4.9.2019 in Title Execution Case No. 1 of 2017 arising out of Title Suit No. 25 of 1965.

5. For the sake of convenience, the appellants herein shall be referred to as the judgment debtors and the respondents herein shall be referred to as the decree holders.

6. The facts giving rise to this appeal may be summarised as under:

i. In 1965, the predecessor-in-interest of the decree holders herein instituted a Title Suit No. 25 of 1965 for confirmation of possession and in the alternative for recovery of possession based on title to the suit land and for permanent injunction. The respondents herein are the legal heirs of the original plaintiffs of the Title Suit No. 25 of 1965 referred to above. The Subordinate Judge 2nd Court, Hooghly decreed the suit vide the judgment and decree dated 26.06.197