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2020 Supreme(Cal) 457

BIBEK CHAUDHURI
State Of West Bengal – Appellant
Versus
Sanmohan Chatterjee – Respondent


Advocates Appeared:
Soumya Chakraborti, Advocate, Suhaan Mukherjee, Advocate, Mohendra Prasad Gupta, Advocate, Debasish Sinha, Advocate, Abishek Manchanda, Advocate, Ayan Mitra, Advocate, Malay Kumar Basu, Advocate, Bhaskar Ghosh, Advocate, Saptansu Basu, Advocate, Subhabrata Das, Advocate, Partha Sarathi Basu, Advocate, Satyajit Talukdar, Advocate

JUDGMENT

Bibek Chaudhuri, J. - The State of West Bengal and its Officers under the Land and Land Reforms Department, Government of West Bengal have filed a second appeal being SAT No.482 of 2016 assailing the judgment and decree dated 29th June, 2013 passed by the learned Additional District Judge, 13th Court at Alipore in Title Appeal No.235 of 2011 reversing the judgment and decree dated 30th June, 2011 passed by the learned Civil Judge (Senior Division), 4th Court at Alipore in Title Suit No.117 of 2005.

2. The appeal is filed after a long lapse of statutory period of limitation of 1051 days.

3. Can 10681 of 2016 is an application for condonation of delay under Section 5 of the Limitation Act filed by the appellants/petitioners.

4. At the outset, it is pertinent to mention that four other applications being CAN 10060 of 2018, CAN 10061 of 2018, CAN 10971 of 2019 and CAN 10972 of 2019 have also been filed by the appellants/petitioners and the said applications are also required to be disposed of by this Court.

5. Since the appeal is barred by limitation, the application under Section 5 of the Limitation Act is required to be disposed of first lest delay is not condoned, there cann

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