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2023 Supreme(Cal) 740

AJOY KUMAR MUKHERJEE
Goutam Ghosh – Appellant
Versus
Bally Municipality – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sounak Bhattacharya, Mr. Subrata Bhattacharjee
For the Opposite Party : Mr. Ayan Banerjee, Mr. D. Dhamali, Mr. S. Ghosh, Ms. M. Ghosh

JUDGMENT :

1. This is an application under Article 227 of the Constitution of India challenging the order dated 05.03.2019, passed by the Learned Civil Judge (Junior Division), 1st Court, Howrah, in Title Suit No. 66 of 2010. By the impugned order, court below has rejected plaintiffs’/petitioners’ application for amendment of plaint, as well as other application for addition of parties made by the plaintiffs/petitioners.

2. The petitioners contended that the plaintiffs filed the aforesaid suit against the defendants/opposite parties for declaration and injunction and the opposite parties no. 4 to 8 entered appearance in the suit and filed written statement denying all material allegations. The petitioner in the plaint stated that plaintiffs are the lawful owners of the property with the structure standing thereon described in plaint under the Bally Municipality. The suit property was taken by way of settlement from the erstwhile landlords Hemanta Ghosh and Lalit Mohan Ghosh by way of registered Kabuliyat dated 23.04.1940, which was bilaterally executed by the petitioners predecessor Indu Bala Dassi and the said erstwhile landlords. After the death of Indu Bala Dassi, his only son Sou

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