Advocate Ashok Kumar Singh

Thursday, July 7, 2022

Petition under Section 151 of the Civil Procedure Code 1908

District : South 24 Parganas

In the Court of the Learned Civil Judge ( Senior Division ) 1^st Court, at Baruipur, South 24 Parganas

Title Suit no. 52 of 2009

In the matter of :

Kanai Krishna Das (Mondal),

____________Plaintiff

- Versus –

Ashim Krishna Das (Mondal) and Others,

________Defendant no. 1 to 5

Petition under Section 151 of the Civil Procedure Code’ 1908

The humble petition on behalf of the above named defendants, most respectfully;

Sheweth as under :

1. That the defendants appeared in the present Suit and contesting by presenting their facts by way of written statement.

2. That as the Plaintiff placed his amended plaint after obtaining order in such regard vide Order no. 114, dated 24/11/2021, which found incorrect as the same has been placed beyond the schedule of amendment allowed by the Learned Court.

3. That pertinently the Plaintiff placed his contents and purports in his alleged petition of amendment as “Plaint how to be amended” in the followings :

1) In para 1 line 2 of the plaint the “2.46 dec” be deleted in its place “2.46 acres” be inserted.

2) After para 2 of the plaint a new para 2(A) shall be inserted :-

“Para 2(A) The original owner Baroda Moni Das died leaving behind her a husband and five sons i.e. Bisnupada, sudhamoy, jatirmoy, daymoy, dulal Chandra, gour gopal respectively. Thus after the death of father and mother the said five brother sudhamoy, Daymoy, jyotirmoy, Dulal Chandra, gour gopal inherited 1/5^th share each in the suit property. The two son of Baroda Moni Dashi i.e. gourgopal and dulal is now alive. They are impleaded as defendant no. 6 and 7 in the suit. The defendant no. 6 and 7 have 1/5^th share each in the suit property.

Another son of Baroda Moni Das died leaving behind him four sons and six daughters, i.e. Netai, Nemai, Swapan, Tapan, Durga, Pratima, Laxmi, Archana, Krishna, Rita respectively out of the four son and six daughters of Jyotirmoy two sons and four daughters i.e. Swapan, Tapan, Laxmi, Archana, Krishna, Rita are alive. They are impleaded as defendant no. 8 to 12A respectively. They have 1/50^th shares each in the suit property.

Netai is now dead. Netai died leaving behind two sons and two daughter i.e. Prasanta, susanta, dipti and tripti. They are alive. They are impleaded as defendant no. 13 to 16 in this case. The defendant no. 13 to 16 jointly have 1/50^th share in the suit property.

Nemai is now dead. Nemai died leaving behind him wiodow, and two daughter i.e. Aloka, sampa, pampa. They are impleaded as defendant no. 17 to 19 in this case. The defendant no. 17 to 19 jopintly have 1/5^th share in the suit property.

Durga the daughter of Jyotirmoy is now dead leaving behind him three son who are impleaded as defendant no. 20 to 22 in this case. The said defendant no. 20 to 22 jointly have 1/50^th share in the suit property.

Another daughter of Pratima is now dead leaving behind her son Bapi and one daughter khusi. They are impleaded as defendant no. 23 and 24 in this case. The defendant no. 23 and 24 jointly have 1/50^th share in the suit property. Thus the defendant no. 5 to 24 jointly have 1/50^th share in the suit property.

Daymoy another son of Baroda Moni Das had 1/5^th share in the suit property. The said Daymoy Das died leaving behind widow Bimla three sons, Gopal, Bhupal, Nepal, six daughters – sabita, Namita, Anita, Chandra, Sukla, Ratna out of the said heirs of Daymoy widow two sons five daughters i.e. Bimla, Nepal, Bhupal, Namita, Anita, Chandra Sukla, Ratna are impleaded as defendant no. 25, 26, and 27, 28, 29, 30, 31, 32, they have 1/50^th share each in the suit property.

One son of Daymoy i.e. Gopal is now dead leaving behind him widow Abubha, Rima, Riya they are impleaded as defendant no. 33 to 35 in this suit. The defendant no. 33 to 35 jointly have 1/50^th share in the suit property.

One daughter Sabita is now dead leaving behind two sons Sanjit, Abhijit, two daughters – sushana, asima. They are impleaded as defendant no. 36 to 39, in this case. The defendant no. 36 to 39 jointly have 1/50^th share in the suit property. The defendant no. 35 to 39 jointly have 1/5^th share in the suit property.

3) In the para 3 line 9 of the plaint after the word defendants herein the word being defendant no. 1 to 5 will be inserted.

4) In para 4 line 3 of the plaint after the word “defendants herein” the word being defendant no. 1 to 5 to be inserted.

5) In para 5 line 5 of the plaint after the word “defendants” the word no. 1to 5 is to be inserted.

6) In para 6 line 3 of the plaint after the word “defendants” the word no. 1 to 5 will be inserted.

7) At the end of para 6 of the plaint following shall be inserted –

“The plaintiff have 1/6^th share out of the property left by sudhamoy i.e. plaintiff have 1/30^th share in the suit property. The defendant no. 1 to 39 jointly have 29/30^th share in the suit property.

8) In the prayer of the plaint the figure “1/6^th” be replaced by figure 1/3^rd.

9) In the schedule of the plaint the figure 2.46 decimals be replaced by figure 2.46 acres be inserted.

4. That persistently the proposed amendment of the plaintiff which appeared in the above paragraph has been allowed by the Learned Court thus the plaintiff is in no manner able himself to amend or change anything beyond the same. In the event such change took place then the same would be under violation of the Order of the Learned Court as well as became disobeyance by the plaintiff.

5. That the earlier amended plaint which has been submitted on 8^th day of May’ 2013, by the plaintiff, which contain and purports the following being Schedule of the suit property;

SCHEDULE

ALL THAT piece and parcel of land lying and situate at Gorkhara, P.S. Sonarpur, Khatian No. 1720, J.L.No. 22, R.S. Dag No. 496, Bastu, 99 decimals

Dag No. Nature of Land Area of Land

116 Sali 15 dec.

340 Sali 14 dec.

374 Sali 19 dec.

496 Bastu 99 dec.

703 Sali 24 dec.

755 Sali 12 dec.

940 Sali 39 dec.

507 Danga 14 dec.

497 Path 10 dec.

_______________________________________

Total 2.46 decimals

6. That the present amended plaint which has been submitted on 7^th December’ 2021, by the plaintiff, which contain and purports the following being Schedule of the suit property;

Schedule

All that piece and parcel of land lying and situated at Gorkhara of Mouza Gorkhara, P.S. Sonarpur, Khatian no. 671, and 1720, J.L. No. 22 at R.D. and Mouza- Gorkhara, Khatian No. 1720, J.L.No. 22 at R.S. Dag No. 496 Bastu 99 decimals and the total area of land 246 acre.

Dag No. Nature of Land Area of Land

116 Sali 15 decimals

340 ,, 14 “

347 ,, 09 “

348 ,, 19 “

496 Bastu 99 “

703 Sali 24 “

755 ,, 12 “

940 ,, 39 “

507 Danga 14 “

497 path 10 “

____________________________

Total = 2.46 acres

7. That the plaintiff in violation of the Order no. 114, dated 24/11/2021, and under the garb of amendment changed the Schedule in the followings, which has never been asked by the plaintiff in the amendment ;

Schedule

All that piece and parcel of land lying and situated at Gorkhara ~~of Mouza Gorkhara,~~ P.S. Sonarpur, Khatian no~~. 671, and~~ 1720, J.L. No. 22 ~~at R.D. and Mouza- Gorkhara, Khatian No. 1720, J.L.No. 22 at~~ R.S. Dag No. 496 Bastu 99 decimals ~~and the total area of land 246 acre~~.

Dag No. Nature of Land Area of Land

116 Sali 15 decimals

340 ,, 14 “

~~347 ,, 09 “~~

374 Sali 19 dec.

~~348 ,, 19 “~~

496 Bastu 99 “

703 Sali 24 “

755 ,, 12 “

940 ,, 39 “

507 Danga 14 “

497path 10 “

8. That in the facts and circumstances, the words, figure, and the sentences should be stroked off in the followings and restored as it was in the amended plaint dated 8^th day of May’ 2013;

Schedule

Dag No. Nature of Land Area of Land

116 Sali 15 decimals

340 ,, 14 “

~~347 ,, 09 “~~

374 Sali 19 dec.

~~348 ,, 19 “~~

496 Bastu 99 “

703 Sali 24 “

755 ,, 12 “

940 ,, 39 “

507 Danga 14 “

497path 10 “

9. That unless the Learned Court stroked off in the followings and restored as it was in the amended plaint dated 8^th day of May’ 2013, the Defendants will highly prejudice and suffer with irreparable loss and injury thereof.

Schedule

Dag No. Nature of Land Area of Land

116 Sali 15 decimals

340 ,, 14 “

~~347 ,, 09 “~~

374 Sali 19 dec.

~~348 ,, 19 “~~

496 Bastu 99 “

703 Sali 24 “

755 ,, 12 “

940 ,, 39 “

507 Danga 14 “

497 path 10 “

10. That the preponderance of the balance of convenience and inconveniences are in favour of the defendants and the plaintiff will not prejudice.

11. That this Petition is made bonafide and in the interest of administration of Justice.

It is therefore prayed that your Honour Would graciously be pleased to allow this application and to stroked off in the manner as shown in the para no. 9, and restored as it was in the amended plaint dated 8^th day of May’ 2013, in the interest of administration of Justice, and or to pass such other necessary order or orders as your Honour may deem, fit and proper for the end of Justice.

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

Verification

I, Sri Ashim Krishna Das Mondal, being the Defendant no. 1, in the present Civil Suit, made this petition under Section 151 of the Civil Procedure Code’ 1908, and I am conversant and acquainted with the material facts stated therein. I sign and verify this petition on 8^th day of June’ 2022, at Baruipur, South 24 Parganas.

Affidavit

I, Ashim Krishna Das Mondal, Son of Late Sudhamoy Das Mondal, aged about 61 years, by faith Hindu, by Occupation Business, residing at Village Sonarpur Gorkhara Hatuipara, Ward no. 10, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas, do hereby solemnly affirm and says as follows;

1. That I am the defendant no. 1, herein in the present Civil Suit. I am conversant and acquainted with the material facts in the Suit. I am authorized by the defendant no. 2, 3, 4, and 5, herein. I am competent to swear this affidavit on their behalf as well as on my behalf.

2. That the contents of paragraph number 1, 2, 3, 4, 5, 6, & 7, are true to the best of my knowledge and belief and the rests are my humble submissions before the Learned Court.

That the above statements are true to my knowledge and belief.

DEPONENT

Identified by me,

Advocate

Prepared in my Chamber,

Advocate

Date : 8^th day of June’ 2022

Place : Baruipur, South 24 Parganas

N O T A R Y

Petition for copies of proceeding

BEFORE THE BLOCK LAND & LAND REFORMS OFFICER, SONARPUR,

SOUTH 24 PARGANAS

bOSE PUKUR ROAD, MISSION PALLY, RAJPUR SONARPUR, KOLKATA - 700150.

L.R.A. Case no. 43 of 2010

The Secretary, Sonargaon Housing Co-operative Society Limited, having its office at Sonargaon, Post Office – Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700150, District South 24 Parganas

______Petitioner

- Versus –

Arpita Naskar, Daughter of Sri Dulal Chandra Naskar, residing at Village – Teghoria, Post Office & Police Station – Sonarpur, Kolkata – 700150, District South 24 Parganas

____Respondent

The humble Petition of the above named Respondent most respectfully;

Sheweth as under :

1. That the Learned B.L. & L.R.O. Sonarpur, South 24 Parganas, on 09-05-2022, has served a notice on the respondent to appear on 20-05-2022, to take part in the hearing to be conducted by the Learned B.L. & L.R.O. with regard to the proceeding being L.R.A. Case no. 43 of 2010.

Photostat copy of the said notice being Memo no. XIII/1319/SNP/2022, dated 29-04-2022, received by the Respondent on 09-05-2022, is annexed herewith and marked as Annexure – “A”.

2. That the Respondent has no idea about the proceeding being L.R.A. Case no. 43 of 2010. The respondent was not a party to the proceeding, ever. The respondent has no record in respect of such alleged proceeding. As such, participation in the hearing, without having any paper of the proceeding became futile ceremony. To have an idea about the said proceeding, the respondent on 10-05-2022, by sending a letter has requested the B.L. & L.R.O. Sonarpur, South 24 Parganas, to provide copies of the relevant papers and documents, though nothing has been acted upon.

Photostat copy of the Letter dated 10-05-2022 of the respondent is annexed herewith and marked as Annexure – “B”.

3. That the Respondent states and submits that the B.L. & L.R.O. Sonarpur, South 24 Parganas, should have sent paper and documents including order, if any, to the respondent with the said notice being Memo no. XIII/1319/SNP/2022, dated 29-04-2022, as to provide an opportunity to the respondent for defense and submissions. Without providing such documents it is an attempt to non-suit the respondent, which is established violation of natural justice.

4. That the Respondent states and submits that the B.L. & L.R.O. being the statutory authority should have intimated the respondent about the facts of the case to be heard on 20-05-2022, without giving such intimation, the respondent cannot be asked to remain present in the hearing.

5. That the Respondent states and submits that the respondent was not a party to the proceeding being L.R.A. Case no. 43 of 2010. As such it is beyond knowledge of the respondent as to why the respondent has been asked to appear and participate in the proceeding. Therefore must intimate the respondent about the facts of the case first, and then only the respondent can be asked to be present.

6. That the respondent finding no other way preferred a writ application before the Hon’ble High Court Calcutta, which has been registered as WPA/8972/2022, and still pending.

Photostat copy of the said writ application along with all annexures are annexed herewith and marked as Annexure – “C”, Collectively.

7. That on 18^th day of May’ 2022, the said writ application was mentioned before the Hon’ble Justice Suvra Ghosh. After hearing the Hon’ble Court has orally directed the respondent to be present before the Learned B.L. & L.R.O. and to ask for copies of the proceeding to be heard.

Photostat copy of the Letter dated 19^th day of May’ 2022, is annexed herewith and marked as Annexure – “D”.

8. That in the above given facts and circumstances, the respondent seeks copies of the proceeding in the interest of administration of Justice.

9. That unless the Learned B.L. & L.R.O. Sonarpur, South 24 Parganas, provide copies of the proceeding to the respondent. The respondent will highly prejudice and suffer with irreparable loss and injury, thereof.

10. That the preponderance of balance of convenience and inconveniences are in favour of the respondent and the petitioner will not prejudice.

11. That this application is made bonafide and in the interest of administration of Justice.

In the given facts and circumstances, it is prayed that the Learned B.L. & L.R.O. Sonarpur, South 24 Parganas, would graciously be pleased to allow this application and to provide copies of the present proceeding to the respondent as to enable the respondent to defend and contest the proceeding, in the interest of administration of Justice, and or to pass such other necessary order or orders as the Learned B.L. & L.R.O. Sonarpur, South 24 Parganas, may deem, fit, and proper for the end of Justice.

And for this act of Kindness, the Petitioner as in duty bound shall ever pray.

VERIFICATION

I, Arpita Naskar, being the alleged respondent in the above referred proceeding. I am acquainted and conversant with the material facts as stated in the foregoing paragraph of my application. I sign and verify the application on 20-05-2022, at Sonarpur, South 24 Parganas.

AFFIDAVIT

I, Arpita Naskar, Daughter of Sri Dulal Chandra Naskar, aged about 25 years, by faith Hindu, by Occupation Business, residing at Village – Teghoria, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas, West Bengal, do hereby solemnly affirm and says as follows :

1. That I am the alleged respondent in this present proceeding, and I am well acquainted and conversant with the material facts as stated in the foregoing paragraphs of my application.

2. That I am competent to swear this affidavit. I am not acquainted and conversant with any fact and circumstances of the present above referred proceeding, before the Learned B.L. & L.R.O. Sonarpur, South 24 Parganas.

3. That I made my application seeking copies of the present referred proceeding as to enable myself to defend and contest the present proceeding.

4. That the above statements are true to my knowledge and belief.

DEPONENT

Prepared in my Office	Deponent is known to me

Advocate	Advocate
Solemnly affirmed before me this 20^th day of May’ 2022
	N O T A R Y

District :South 24 Parganas

BEFORE THE B.L. & L.R.O. SONARPUR, SOUTH 24 PARGANAS.

L.R.A. no. 43 of 2010

In the matter of :

The Secretary, Sonargaon Housing Co-operative Society Limited, ______Petitioner

- Versus –

Arpita Naskar and Others

_____Respondents

Application For Copies of Proceeding

Advocate – on – record :

Ashok Kumar Singh, Advocate

High Court Bar association Room No. 15, High Court at Calcutta

Mobile Number : 9883070666 / 9836829666

Email :aksinghadvocate@rediffmail.com

VAKALATNAMA

BEFORE THE BLOCK LAND & LAND REFORMS OFFICER, SONARPUR,

SOUTH 24 PARGANAS

bOSE PUKUR ROAD, MISSION PALLY, RAJPUR SONARPUR, KOLKATA - 700150.

L.R.A. Case no. 43 of 2010

In the matter of :

The Secretary, Sonargaon Housing Co-operative Society Limited, ______Petitioner

- Versus –

Arpita Naskar and Others

_____Respondents

KNOW ALL MEN by these presents that I / We Arpita Naskar, Daughter of Sri Dulal Chandra Naskar, residing at Village – Teghoria, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas, West Bengal. do hereby constitute and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of them severally to be pleader of take such steps and proceedings as may be necessary on my / our behalf and for that purpose to make sign, verify and present all necessary petitions, plaints, written statements and other documents and do nominate and appoint or retain senior counsels, vakil, advocates and other persons, lodge and deposits moneys and documents and other papers in the Ld. Court and the same again withdraw and to take out of Court and to obtain or grant as the case may be effectual receipts and discharge for the same and for all moneys which may be payable to me / us in the premises. To enter into compromise with my / our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings arising there out whether by way of execution, review, appeal, or otherwise or in any manner contested there with as effectually and to all intents and purpose as I / We could act if personally present and such substitution and as pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may be lawfully done by virtue hereof. In witness whereof this Vakalatnama has been executed by me / us.

This the …………………day of ………………2022.

Sri Ashok Kumar Singh, Advocate. High Court Bar Association Room No. 15, High Court at Calcutta. Mobile Number : 9883070666 / 9836829666, E-mail : aksinghadvocate@rediffmail.com

Miss Suchitra Chakraborty, Advocate. Sri Biplab Some, Advocate. Sri Pritam Das, Advocate