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2001 Supreme(P&H) 514

S.RAJENDRA BABU, SHIVARAJ V.PATIL
Anand Prasad Agarwalla – Appellant
Versus
Tarkeshwar Prasad – Respondent


Advocates Appeared:
For the Appearing Parties :Mr. Bhaskar P. Gupta, Mr. P.S. Mishra, Sr. Advocates with Ms. Radha Rangaswamy, Mr. Sanjay Sen, Mr. Santosh Mishra, Mr. Tapesh Kr. Singh, Mr. Dinesh C. Pandey, Mr. Upendra Mishra, Ms. Swaroopa Reddy, Mr. Surjit Singh, Mr. Pawan Upadhyay, Mr. S.B. Upadhyay, Mr. Dhruv Mehta, Ms. Shoba, Mr. S.K. Mehta, Sanjoy Kr. Ghosh and Mr. Avijit Bhattacharjee, Advocates.

JUDGMENT

S. Rajendra Babu, J. - These appeals arise out of interlocutory applications filed in two suits. A suit was filed in T.C. No. 2/1996 in the High Court of Calcutta by United Bank of India against Hanuman Foundries Ltd. for foreclosure and sale of hypothecated land. Pursuant to a decree passed by the Court, the Court receiver sold on 29.8.1990 the hypothecated property which was subsequently challenged before this Court and the said sale was set aside and the matter was remanded to the High Court for conduct of the sale in accordance with the law by auction after due publication of the sale to enable all the intended bidders to participate in the sale. It was also made clear that if any party has got any right or remedy, the same has to be worked out elsewhere according to law without widening the scope of the suit and not in this suit. Subject to making of these observations the appeal was allowed by this Court.

2. A suit in O.S. No. 311 of 1997 was filed (i) for a declaration that the plaintiffs therein are purchasers of the entire land measuring 21.65 acres; (ii) that they were raiyats in respect of the land; and (iii) for permanent injunction restraining Hanuman Foundries






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