| Miscellaneous Application No. MA/261/2023 | | ( Date of Filing : 11 Aug 2023 ) | | In | | Execution Application No. EA/153/2017 |
| | | | 1. Jaba Karmakar | | W/o Lt. Tapan Karmakar, 119, Satyen Roy Road, P.S. - Behala, Kolkata-700034. | | 2. Monomita Karkmakar | | 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 | | S/o Late D. M. Banerjee, Proprietorship, M/s. Banerjee Associates, 13/4, Dr. P. K. Banerjee Road, P.S. & Dist. - Howrah, Pin - 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. 7 Ld. Advocate for the Decree holders/petitioners is present. The Misc. Application dated 11/08/2023 is taken up for hearing. Ld. Advocate for the Decree holders/petitioners submits that during pendency of execution appeal before the Hon’ble SCDRC, West Bengal, Decree holder Tapan Karmakar expired and the names of the legal heirs of the Decree holder had been substituted. That apart during pendency of the execution appeal, Judgement debtor no.4 Subrata Dutta and the Judgement debtor no.2 Anima Dutta died and the legal heirs of the deceased Judgement debtors had been substituted. Ld. Advocate for the Decree holder/petitioners submits that Judgement debtor nos.4 and 5 are the legal heirs of deceased Subrata Dutta but the Decree holders do not know name of wife of Subrata Dutta, therefore, Decree holder prays for a direction upon the Judgement debtor nos.4 and 5 to disclose the name of their mother. On receiving the notice Judgement debtor no.4 Arpita Dutta and judgement debtor 5 Arpan Dutta sent an undated letter addressed to the Registrar, DCDRC, Unit-I stating that their mother Monika Dutta has expired on 21/05/2012 leaving behind them as her legal heirs. It is also categorically mentioned in the letter that there are no other legal heirs of deceased Monika Dutta except them. Having considered such disclosure by Judgement debtors Arpita Dutta and Arpan Dutta, the Misc. Application dated 11/08/2023 stands disposed of. | |
