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2016 Supreme(Cal) 1074

BISWANATH SOMADDER, SANKAR ACHARYYA
Rajendra Nath Mukherjee – Appellant
Versus
Burdwan Municipality – Respondent


Advocates Appeared:
For the Applicant : Mr. Ayan Mitra, led by Mr. Mahendra Prasad Gupta.
For the Respondents: Ms. S. Chakraborty, Mr. Falguni Majhi.

JUDGMENT :

Biswanath Somadder, J.

Re: CAN 10534 of 2016.

1. Let the affidavit-of-service filed in Court today be taken on record.

2. The instant application for recall is in respect of an order dated 11th February, 2014, passed by an earlier Division Bench of this Court presided over by the Hon’ble, the then Chief Justice. The recalling application appears to have been filed on 5th October, 2016, i.e., after almost two years eight months from the date of dismissal of the appeal along with all connected applications. The order dated 11th February, 2014, in its entirety, is reproduced hereinbelow.

“None appears.

Learned Single Judge turned down the prayer of the appellant seeking consideration of his representations in the matter of deletion of his name from the mutation records relating to the property in question.

It appears that the said property was sold by the father of the appellant in 1971 to the private respondents. Thereafter, the name of the appellant was deleted in 1981. He filed a title suit being Title Suit No.187 of 1981 against the private respondents for declaration and permanent injunction. Prayer for interim relief was dismissed as not pressed.

After a more than two decades












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