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2001 Supreme(Cal) 62

KALYAN JYOTI SENGUPTA
RADHA RAMAN JEW – Appellant
Versus
SHALIGRAM SUBHA KARAN KHEMANI – Respondent


Advocates Appeared:
A.MISHRA, ABHRAJIT MITRA, P.CHATTERJI, P.Kumar, P.N.MALICK, R.L.MITRA, S.BHATTACHARJEE, S.K.MALI, S.SEN, T.Bose

KALYAN JYOTI SENGUPTA, J.

( 1 ) THIS is a tale of fate of a decree holder who was successful in obtaining a decree for khas possession dated 3rd December 1964 which had reached its finality on dismissal of the appeal preferred therefrom, for default and no restoration and /or readmission thereof was attempted to be made. The decree was put into execution and the same was resisted unsuccessfully by the judgment debtors right up to Supreme Court, however, last attempt was made by the judgment debtors seeking to review of the Division Bench judgment and order of execution. However, it appears that they have lost all interest now. Having found the judgment debtors to be unsuccessful then came and still comes the turn of the occupants who were alleged to have been brought in by the judgment debtors and or sub-tenant to challenge executability of the decree. Some of the objectors herein had tried previously to resist execution of the decree setting up a plea of adverse possession unsuccessfully right up to appeal Court. It also appears that some of the occupants have been evicted in the process of execution but some of them have still been left out. So they have come to resist execution























































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