AMIT KUMAR BANERJEE Vs. BALARAM NAG

JUDGEMENT

(1.) This civil revisional application under Article 227 of the Constitution of India has been filed by the petitioner-complainant for quashing and/or setting aside the entire execution proceeding being EA 20 of 2018, arising out of complaint case being C.C. Case No. 137 of 2014, pending before the learned District Consumer Forum, Hooghly.

(2.) The brief fact of the case, in nutshell, is as follows: (i) The opposite party nos. 3, 4 & 5 while being seized and possessed of the bastu land measuring an area of 3 cottahs 4 chittaks 9 Sq Ft comprised within Rs. plot No. 5994, appertaining to R.S Khatian No. 4121, under LR plot No. 6466, corresponding to L.R Khatian No. 7105//1, Mouza- Serampore, J.L No. 13, municipal holding No. 8/B, Zamindar Bagan Lane, under Serampore Municipality, P.S Serampore, District-Hooghly, on 5/11/2009 entered into a development agreement with a developer firm namely M/s Sumit Enterprise represented by its partners opposite party nos. 1 & 2. (ii) Pursuant to such development agreement, the opposite party nos. 3, 4 and 5 also executed a registered power of attorney empowering the Developer Firm to carry out all incidental and essential exercise for the purpose of giving complete affect to the development agreement.

(3.) Being aggrieved and dissatisfied with the impugned orders passed in the execution proceeding by the learned District Consumer Forum, the petitioner by filing the present revisional application has prayed for quashing/setting aside of the entire execution proceedings pending before the said Forum.