JUDGMENT :

Subhendu Samanta, J.

I.A. NO. CAN -1 of 2023

1. This is an application for recalling of an order passed by this court on November 1st, 2023. This instant application was preferred by respondent No. 10 of the original CO No. 4004 of 2023.

2. The brief fact of the case is that the CO has been preferred against the order dated October 2023 passed by the Learned Additional District and Sessions Judge, Fast Track 4th Court in MISC appeal No. 133 of 2023 wherein the Learned Additional Sessions Judge, has refused to pass an interim order of injunction in favour of the petitioner. After filing of the CO, a direction was made to serve upon the Ops, accordingly service was affected.

3. After service the matter was again placed before this court along with the affidavit of service. This court on taking note of affidavit that service has effected upon the OP 10 and 11, has passed an impugned order on restraining the OP 10 to issue any sale certificate, in respect of the ground and top floor of the building situated at Kazi Najrul Islam Sarani, Calcutta 700052 , if not already issued by them.

4. Now the OP 10 appeared before this Court along with an application for recalling of impug