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2011 Supreme(Cal) 1433

I.P.MUKERJI
Durga Bala Dhur – Appellant
Versus
Kalpana Dhur – Respondent


Advocates Appeared:
R.L.Mitra,Rupak Ghosh,Tapas Saha,Subhomoy Dewangi,Dibrav Deb

JUDGMENT

I.P.MUKERJI

1. FOUR applications were heard by me together. The first three were made by the defendant group. This group comprises the heirs of the original defendant Sankar Dhur.

2. THESE defendants are very unfortunately placed. Defendant No. 1(a) is Sm. Kalpana Dhur. Defendant No. 1(b) and 1(c) are Tamosha Dhur and Rishav Dhur. Kalpana is the widow of Sankar. Tamosha is their daughter and Rishav, son. Sankar died in 2006 of cancer, at the age of about 48 years, going by the medical records annexed to this application. His family is occupying a portion of premises No. 63, Serpentine Lane, Kolkata- 14. They do not want to be displaced from this place. The first application is G.A. 2691 of 2007. It seeks setting aside of the partition decree dated 21st December, 2004.

3. THE second is G.A. No. 1410 of 2011. It prays for vacation of the order dated 6th July, 2010 of Sanjib Banerjee J. in G.A. No. 1669 of 2007. I was not taken through the details of the application G.A. 1669 of 2007. The order dated 6th July, 2010 records that it was an application for appointment of a Special Officer for sale of two properties and that although the Court was passing no order, nevertheless li











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