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2024 Supreme(Cal) 948

SUPRATIM BHATTACHARYA
Debasish Das – Appellant
Versus
Urmila Mitra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ram Prakash Banerjee, Mr. Swapan Kumar Nandi, Mr. Debjyoti Ghosh
For the Respondent: Mr. Debjyoti Basu, Mr. Parashar Baidya

JUDGMENT :

Supratim Bhattacharya, J.

1. This instant appeal has been preferred by the appellant/plaintiff being aggrieved by and dissatisfied with the judgment and decree passed by the Ld. Additional District Judge, 5th Court Burdwan on 13.11.2017 in Title Appeal being Title Appeal No. 16 of 2016 bearing an earlier no. 41 of 2010.

2. The aforementioned first appeal being Title Appeal no. 16 of 2016 was preferred by the instant appellant being aggrieved by the judgment dated 24.06.2010 passed by the Ld. Civil Judge (Junior Division) 2nd Court Burdwan in Title suit No. 175 of 2005.

3. The appellant herein was the plaintiff before the trial court and the appellant before the first appellate court while the respondents herein were the defendants before the trial court and respondents before the first appellate court.

4. Facts of the instant lis

As has been depicted by the appellant/plaintiff in the plaint, a registered instrument being an alleged sale deed is said to have been executed by the appellant/plaintiff in favour of the respondent No. 1 that is the elder daughter of the appellant. It has also been stated that the appellant executed the impugned deed on the garb of being a power of a

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