DURGA BALA DHUR Vs. KALPANA DHUR

JUDGEMENT

(1.) Four applications were heard by me together. The first three were made by the defendant group. This group comprises the heirs of the original defendant Sankar Dhur. These defendants are very unfortunatey placed. Defendant No. 1(a) is Sm. Kalpana Dhur. Defendant No. 1(b) and 1(c) are Tamosha Dhur and Rishav Dhur. Kalpana is the widow of Sankar. Tamosha is their daughter and Rishav. son. Sankar died in 2006 of cancer, at the age of about 48 years, going by the medical records annexed to this application. His family is occupying a portion of premises No. 63. Serpentine Lane, Kolkata- 14. They do not want to be displaced from this place. The first application is G.A. 2691 of 2007. It seeks setting aside of the partition decree dated 21st December. 2004.

(2.) The second is G.A. No. 1410 of 2011. It prays for vacation of the order dated 6th July. 2010 of Sanjib Banerjee J. in G.A. No. 1669 of 2007. I was not taken through the details of the application G.A. 1669 of 2007. The order dated 6th July, 2010 records that it was an application for appointment of a Special Officer for sale of two properties and that although the Court was passing no order, nevertheless liberty was reserved to the applicant plaintiffs to apply for sale of those properties or either of them if they could bring a purchaser.

(3.) The third application GA No. 1412 of 2001 is for setting aside of the same order that is 6th July, 2010 in G.A. No. 490 of 2009.1 was not taken also to the contents of the application G.A. 490 of 2009 but the order of 6th July, 2010 records that it was a similar application as G.A. No. 1669 of 2007 for sale, but it was for sale of one of the properties and that it was not passing any order.