LAWS(ALL)-2025-6-2

TARA CHANDRA GUPTA Vs. SHAKTI BASU

Decided On June 09, 2025
TARA CHANDRA GUPTA Appellant
V/S
Shakti Basu Respondents

JUDGEMENT

(1.) Heard Sri Vishnu Gupta, learned Senior Counsel along with Sri Manish Goyal, learned Senior Advocate assisted by Shiv Om Vikram Singh Chauhan for the petitioner and Sri V.K. Upadhyay, learned Senior Advocate along with Sri Yasharth, learned counsel for respondent no.7.

(2.) Present writ petition filed under Article 227 of the Constitution of India questions the order dtd. 23/9/2024 passed in Civil Revision No.92 of 2024 by Additional District Judge/ Special Judge (E.C. Act), Prayagraj, and order dtd. 29/5/2024 passed by Judge, Small Cause Court, Prayagraj on Application 86-C for recall of the order dtd. 7/5/2012 passed in F.D. Case No.111 of 1980 for modifying the preliminary decree passed in Original Suit No.254 of 1976.

(3.) Facts, in brief, are that one Shyama Charan Basu had two sons, Shrish Chandra Basu and BamanDas Basu. He was employed as a headmaster and later as Registrar at Lahore, and after his death Shrish Chandra Basu and Baman Das Basu settled at Allahabad (now Prayagraj). Shrish Chandra Basu was a District Judge and died in the year 1918 while in service. BamanDas Basu was a medical graduate and was employed as a Major in the Medical Corps in the Indian Army. Both the brothers lived together during their lifetime at 63 Bahadurganj, Allahabad.