| Miscellaneous Application No. MA/72/2022 | | ( Date of Filing : 04 Aug 2022 ) | | In | | Execution Application No. EA/153/2017 |
| | | | 1. Jaba Karmakar and 2 others | | W/o Late Tapan Karmakar, 119, Satyen Roy Road, P.S. - Behala, Kolkata-700034. | | 2. Monomita Karmakar | | D/o Late Tapan Karmakar, 81, Jyotish Roy Road, P.S. - Behala, Kolkata-700053. | | 3. Rupam Karmakar | | S/o Late Tapan Karmakar, 119, Satyen Roy Road, P.S. - Behala, Kolkata - 700034. |
| ...........Appellant(s) | |
| Versus | | 1. Sri Swapan Banerjee and 7 others | | S/o Late D. M. Banerjee, Prop. of M/S. Banerjee Associates, 13/4, Dr. P. K. Banerjee Road, Howrah - 711101. | | 2. Sudarshan Dutta | | S/o Late Chittaranjan Dutta, 13/4, Sahapur Colony(E) known as 20A, D. H. Road, P.S. - New Alipore, Kolkata - 700053. | | 3. Narayan Dey | | 13/4, Sahapur Colony(E) known as 20A, D. H. Road, P.S. - New Alipore, Kolkata - 700053. | | 4. Arpan Dutta | | 13/4, Sahapur Colony(E) known as 20A, D. H. Road, P.S. - New Alipore, Kolkata - 700053. | | 5. Arpita Dutta | | 13/4, Sahapur Colony(E) known as 20A, D. H. Road, P.S. - New Alipore, Kolkata - 700053. | | 6. Sukhomoy Dutta | | 13/4, Sahapur Colony(E) known as 20A, D. H. Road, P.S. - New Alipore, Kolkata - 700053. | | 7. Sikha Dutta | | 13/4, Sahapur Colony(E) known as 20A, D. H. Road, P.S. - New Alipore, Kolkata - 700053. | | 8. Shukla Dutta | | 13/4, Sahapur Colony(E) known as 20A, D. H. Road, P.S. - New Alipore, Kolkata - 700053. |
| ...........Respondent(s) |
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| Final Order / Judgement | Order No. 2 Date: 12.08.2022 Ld. Advocate for the decree holder is present. Ld. Advocate for the judgement/debtor no. 1 is present. Ld. Advocate for the decree holders submits that during pendency of first appeal before the Hon’ble State Commission, the decree holder died and his legal heirs were substituted. The judgement/debtor nos.4 also died and his place his legal heirs were substituted before the Hon’ble State commission. In such context, the names of the present decree holders and the names of the legal heirs of judgement/debtor nos. 4 being Arpan Dutta and Arpita Dutta are required to be included in the execution case no. EA/153/2017. Ld. Advocate for the judgement/debtor no.1 agrees with the submission of the Ld. Advocate for the decree holders. On perusal of the record, we find that the legal heirs of the deceased decree holder as well as deceased judgement/debtor nos. 4 have already been substituted in the First Appeal No. A/489/2018 before the Hon’ble State Commission. Therefore, the Misc. Application on the prayer to file amended execution application is hereby allowed on contest without cost. Thus, the MA application is disposed of. | |
