RITHVIK BHATTACHARYA Vs. SUMITRA BASU AND ORS.

JUDGEMENT

(1.) This is to consider an application being G.A. No. 2953 of 2016 whereunder the petitioner has prayed for recall of the order dated September 6, 2016 passed by this Court in C.S. No. 87 of 2009 and has further prayed for injunction restraining the respondent and his men, agents, servants, assigns and representatives from dealing with and disposing and selling and alienating and removing and encumbering and creating third-party rights in any manner whatsoever in respect of the premises No. 2E and No. 2F, Camac Street, Kolkata-700 016.

(2.) The facts in brief leading to giving rise to the instant application is that the petitioner as plaintiff filed the suit being C.S. No. 87 of 2009 on April 3, 2009 praying for a decree for specific performance directing the defendant no. 1 and 2 to forthwith sell, convey and transfer the premises No. 2E and 2F, Camac Street, Calcutta-700 016 as described in the Schedule to the plaint and for a decree for perpetual injunction restraining the defendants in the same term as has been prayed in the instant application.

(3.) It is contended that a formal offer to purchase the said property was given by the petitioner vide letter dated October 2, 2006 and the respondent no. 1 and 2 by two separate letters dated October 19, 2006 and October 4, 2006 formally accepting the offer given by the petitioner.