SUKHENDU BIKASH ADDY Vs. BIPIN BEHARI ADDY

JUDGEMENT

(1.) In 1987, a suit for partition was filed in respect of a property known as Addy Estate. On 7th of February, 1994 the properties in Premises Nos. 56 and 58, Chetla Road, Calcutta was put up for sale by public auction. One Amal Roy was the highest bidder. The sale was confirmed for a sum of Rs. 7,25,000.00. On 23/02/1994 an apparent mistake in the Order with regard to the time limit for deposit of the amount was corrected as six weeks. An application was made by one Hiralal Dutta who was the second highest bidder for recalling the order dated 23/02/1994. On 21/03/1994 the said Amal Roy had deposited the entire bid money. On 19th of June, 1995 the application made by Hiralal Dutta was rejected. An appeal was preferrd by Hiralal Dutta which was dismissed on 26/11/1997. The Special Leave Petition against the same was dismissed on 20/02/1998. On 9/04/1998 the said Amal Roy submitted the draft conveyance to the Joint Receivers for fixation of a date for registration. On 27/05/1998 the said Amal Roy called upon the Joint Receivers to hand over possession. On 3-6-1998 Joint Receivers informed Amal Roy that until the draft conveyance was executed possession cannot be delivered. On 1-8-1998, three of the Joint Receivers informed that they had approved the draft conveyance but one of the Joint Receivers refused to approve the same because Mrs. Priya Dutta, wife of Hiralal Dutta had written to the Joint Receivers enclosing two orders passed by this Court on 31st of March, 1998 and 28th of July, whereby the respondents were restrained by an order of injunction from parting with possession.

(2.) Thereafter the defendant/respondent No. 2, Akshay Kumar Pyne has filed GA No. 1746 of 1999 for sale of these properties in his favour. The defendant No. 2 happens to be the husband of Smt. Anjali Pyne, since deceased, daughter of one of the deceased member/co-sharer of Addy family through whom she became a co-sharer. Mrs. Priya Dutta, wife of Hiralal Dutta is one of the daughter of Akshay Kumar Pyne, defendant No. 2 and Smt. Anajali Pyne, since deceased, through whom the formers are claiming to be co-sharers. The said Mrs. Priya Dutta is respondent No. 3 in the proceedings.

(3.) In GA No. 3749 of 2000 the Plaintiff Sukhend Bikash Addy and Chiraranjan Addy, the defendant No. 23 prayed for leave to act as joint receivers of the properties in the suit in connection with GA No. 3028 of 1999.