Md. Humayun Kabir vs Sk. Arif Ali And Ors
2024 Latest Caselaw 1712 Cal/2

Calcutta High Court

Md. Humayun Kabir vs Sk. Arif Ali And Ors on 9 May, 2024

OD-7
                              ORDER SHEET
                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE

                             IA NO: GA/7/2024
                                CS/166/2020

                          MD. HUMAYUN KABIR
                                    VS
                          SK. ARIF ALI AND ORS.


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : 9th May, 2024.
                                                                   Appearance :
                                                             Mr. Manik Das, Adv.
                                                       Mr. Aniruddha Sinha, Adv.
                                                                ...for the plaintiff

                                                      Mr. Uttam Kumar De, Adv.
                                                     Mr. Triptimoy Talukdar, Adv.
                                                                Ms. Writi De, Adv.
                                                                Ms. Riya De, Adv.
                                                         ...for the defendant No.1

       The Court: Mr. Manik Das, learned Counsel, is appearing for the

Plaintiff. Mr. Uttam Kumar De, learned Counsel, is appearing for the

defendant No.1

       The plaintiff has filed the present application for modification of the

order passed by this Court on 26th July, 2023. The Counsel for the plaintiff

submits that the name of the advocate of the plaintiff in the cause title of

the judgment is recorded as Mainak Das instead of Manik Das. He also

draws the attention of this Court of Paragraph 18, 11th line of the judgment

and submitted that the same is to be corrected as "the receiver shall not

disturb the possession of the defendant No.1 which is in his occupation."

       Learned Counsel for the plaintiff also submitted that it is not

mentioned in the order who will pay the remuneration of the Receivers.
                                         2

       Considered the submissions made by the learned Counsel for the

plaintiff and considered the judgment dated 26.07.2023 paragraph 18, 11th

and 12th line of the judgment is corrected as follows:

       "The Receiver shall not disturb the possession of the defendant No.1,

if any, which is in his occupation" instead of "The Receiver shall not disturb

the possession of the defendant No.1 in which defendant No.1 along with his

family members are occupying for their own use".

       In the cause title the name of the Counsel for the plaintiff shall be

read as 'Manik Das' instead of 'Mainak Das'.

       It is clarified that the remuneration of the Receiver shall be paid by

all the parties in equal share.

       This   order   shall   be   incorporated   with   the    judgment   dated

26/07/2023

.

(KRISHNA RAO, J.)

S.De