CHANDAN KUMAR BARIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appellants are aggrieved by the Judgment and Order dated 10th June, 2019 passed in the Review Application, RVW 39 of 2019 (hereinafter referred to as the said RVW) whereby and whereunder the Hon 'ble Single Bench was pleased to dismiss the same with exemplary costs on the ground of suppression of material facts.

(2.) The Appellants, represented by Sardar Amjad Ali, Learned Senior Counsel, submit that the Hon 'ble Single Bench fell into error by holding as such. Taking this Court to the writ petition, i.e. WP 26199 (W) of 2018, out of which the RVW came to be filed, it is submitted that the appellants at Paragraph 23 of the writ petition had clearly stated regarding the pendency of Title Suit No. 17 of 2018 filed by and on behalf of the Respondent Nos. 8, 9 and 10 (for short R8, R9 and R10) before the Learned First Civil Court, Senior Division, Purba Midnapore. The said suit for partition filed by R8, R9 and R10 as plaintiffs has been described by the appellants/the defendants to the suit as false meaning thereby to be without any basis.

(3.) It is submitted that reference has been also made in the said writ petition to similar cases having been filed in the Hon 'ble High Court with the prayer for grant of police protection to protect the life and property of the appellants.