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I.P.MUKERJI, ANIRUDDHA ROY
Jyoti Biswas – Appellant
Versus
Raj Kumar Ghosh – Respondent


Counsel for the Parties:
For the Appellants in APD 269 of 2018:Mr. Arindam, Mr. Ashis Kumar and Ms. Arpita Saha, Mr. S. Prasad, Advocates
For the Appellants in APD 270 of 2018 to APD 272 of 2018: Mr. Jishnu Choudhury, APD 288 of 2018 to APD 298 of 2018, Ms. Noelle Banerjee, APD 310 of 2018 to APD 313 of 2018, Mr. Sidhartha APD 315 of 2018 to APD 340 of 2018. Ms. Shalini for the Appellants in APD 314 of 2018:Ms. Yahya Mosharaf, Advocate
For the Respondent/Decree Holders:Mr. Rohit Das, Mr. Aniruddha, Mr. Niladri and Ms. Kishwar, Advocates

JUDGMENT

Aniruddha Roy, J.—This cluster of appeals arose from a common judgment and order dated August 16, 2018 passed in Execution Case No. 146 of 2017 whereby and whereunder the occupiers of an immovable property were directed to be dispossessed. The said cluster of appeals involve same and common question of law for consideration before this Appellate Court and hence, by consent of the parties, the appeals are taken up together, heard and are being disposed of by this common judgment and order.

The Appeal:

2. The appellants are occupiers of various portions of premises no. 2 Jawaharlal Nehru Road, Kolkata-700013 previously known as Chowringhee Road (for short, the suit property) and are the obstructionists resisting an eviction decree dated May 03, 2017, which was a compromise decree for eviction passed in suit no. 524 of 1984 (Raj Kumar Ghosh & Anr. vs. Jayashree Ghose & Ors.) (for short, the second appellants/obstructionists claimed to be the sub tenants under the predecessors of the first and the second defendants in the Bando’s suit and are still in settled possession and occupation of various portions of the said property. The appellants came to know about the said compromi

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