652 2023 Prafulla Kumar Ghosh vs 211 Sulekha Karati
2023 Latest Caselaw 7289 Cal

Ct.
No.   18.10                      C.O. 2067 of 2018
652   2023                         Prafulla Kumar Ghosh
                                          -Versus-
211                                   Sulekha Karati
akb                                         With
                                     C.O. 3004 of 2018


              Mr. Milan Chandra Bhattacharjee
              Mr. Sushanta Kumar Laha ...For the Petitioner / Opposite party


                                  Re.: IA. No. CAN 5 of 2023


                        Affidavit-of-service filed by the petitioner is taken
              on record.

                        Opposite party is not represented.

                        This is an application wherein the petitioner has
              prayed for recalling of the order dated 20th September, 2023.

                        The background of the present application is that
              one Prafulla Kumar Ghosh, since deceased transferred the
              suit property in favour of Biswajit Ghosh on 21st April, 2003
              and divested himself from the suit property from that
              property. But said Prafulla suppressing the same and by
              practicing fraud upon the Court filed present suit for eviction
              being T.S. 62 of 2004 when said Prafulla had no right title
              interest in the suit property.       Present application under
              Article 227 was preferred against an order of refusal to grant
              police help in an executioin proceeding by the decree-holder
              / Prafulla Kumar Ghosh arising out of decree passed in said
              T.S. 62 of 2004.

                        During pendency of application under Article 227,
              said Prafulla died. An application was filed by aforesaid
              transferee Biswajit Ghosh for impleading him as a party to
              proceed with the application, without submitting aforesaid
              background. This Court vide order dated 31.10.2022 allowed
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said prayer made by Biswajit for impleading him as a party.

          Subsequently the Revisional application was
disposed of by this Court. Thereafter the Executing Court,
set aside the decree passed in aforesaid T.S. No. 64 of 2004
on the ground of practicing fraud upon the Court vide it's
order No. 90 dated 12.9.2023. Petitioner / judgment-debtor
now submits that taking advantage of impleading him as a
proper party in this application vide order dated 31.10.2022
passed by this Court, said Biswajit is now trying to assert his
right to evict the tenant / judgment-debtor Sulekha Karati
unlawfully without taking due course of law.

          Having considered the facts and circumstances of
the case and the submissions made by petitioner/judgment-
debtor and that there was a suppression of material fact,
when the order dated 31.10.2022 was passed, the order dated
31.10.2022

and its connected orders i.e. order dated 16.12.2022 and 9.1.2023, 20.6.2023 and 20.9.2023 are hereby recalled. The name of the petitioner in orders dated 15.6.2023, 4.7.2023, 16,8,2023 in the cause title of the order shall be deleted and in its place the name of the petitioner shall be written as "Re.: Prafulla Kumar Ghosh, since deceased".

The application, being IA No. CAN 5 of 2023 is accordingly disposed of.

( Ajoy Kumar Mukherjee, J.)