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2013 Supreme(Cal) 638

TARUN KUMAR GUPTA
Haradhan Malik – Appellant
Versus
Biswanath Malik – Respondent


Advocates Appeared:
For the Petitioner:Asish Bagchi, Sandip Roychowdhury, Ms. Madhumitra Patra, Advocates.
For the Opposite Parties:Biswajit Basu, Susenjit Banik, Prasenjit Dey, Advocates.

Judgment :

Tarun Kumar Gupta, J.

This application under Article 227 of the Constitution of India is directed against order dated 7th January, 2011 passed by learned District Judge at Hooghly, in Civil Revision No.95 of 2009. By the order impugned learned District Judge rejected the revisional application filed by the present petitioner defendant challenging order dated 4th of May, 2009 passed by learned Additional Court of Civil Judge (Junior Division) Chandannagar in Title Suit No.63 of 1987 whereby learned trial court allowed the petition dated 30th April, 2008 filed by the O. P. plaintiffs under Section 151 read with Section 152 of the Code of Civil Procedure for correction of the decree passed in connection with judgment dated 30.07.1997 in Title Suit No.63 of 1987.

The background fact of the case may be summarized as follows:-

1. The present O. P. plaintiffs filed said Title Suit No.63 of 1987 against present petitioner defendant praying for declaration of their right, title and interest over ‘Ka-1’ schedule property alleging that the petitioner defendant was threatening them dispossessing from said property being a part and parcel of plaintiff’s land described in ‘Ka’ schedul



















































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