Usha Shankar Bhattacharya vs Dr. Chhabi Banerjee
2021 Latest Caselaw 2975 Cal

AD. 11 & 12.

April 23, 2021.

MNS.

RVW 102 of 2018 with CAN 1 of 2018 (CAN 5366 of 2018) + CAN 2 of 2018 (CAN 5488 of 2018) + CAN 3 of 2021 in C. O. 644 of 2012 (Via video conference)

Usha Shankar Bhattacharya Vs.

Dr. Chhabi Banerjee

Mr. Usha Shankar Bhattacharya

... Review applicant in person.

The review applicant/petitioner is permitted

to appear in person in virtual mode.

It is submitted by the petitioner that the

present review application has been necessitated

by a major subsequent development, that is,

devolution of title to the disputed property in

favour of the applicant, which alters the entire

premise of the order under review.

That apart, it is contended by the review

applicant that there is error apparent on the face

of the order dated May 15, 2018 passed by this

Court in so far as there are judgments of the apex

court which validate the title of parties on the

basis of adverse possession.

In view of such arguable questions having

been made out by the review applicant, RVW 102

of 2018 is admitted.

The applicant shall serve a copy of the

review application on the opposite party and file

affidavit of service on the next returnable date.

The opposite party shall file her affidavit-in-

opposition to the review application within three

weeks from the date of such service.. Reply, if

any, shall be filed by the petitioner within one

week thereafter.

The matter will next be enlisted on June 9,

2021 for further hearing.

There shall be stay of all further

proceedings in Probate Case No. 01 of 2021 (as

re-numbered) pending before the Additional

District Judge, Second Court, Serampore, till

June 30, 2021 or until further order, whichever is

earlier.

Urgent photostat certified copies of this

order, if applied for, be made available to the

parties upon compliance with the requisite

formalities.

(Sabyasachi Bhattacharyya, J.)