- (1.) THIS is an application for reviewing the judgment and order dated 19th October, 2012 passed in F.M.A. No. 1006 of 2010.
(2.) THIS case has a chequered history of litigation and chain of events. This matter arose from writ petition being C.O. no. 18500 (W) of 1985. The order dated 8th September, 1965 passed by Ajit Nath Ray J., (as the Chief Justice of India then was) was questioned. The said order set aside the sale of premises no. 43, Prithviraj Road, New Delhi (hereinafter referred as 'the disputed property') by the Union of India to one V.N. Vasudeva on August 18, 1964.
(3.) THE disputed property was under the attachment of the Income Tax Department, which was sold for recovery of the outstanding dues of the Hindu Undivided Family of one Kirodimull Lohariwala. The said Kirodimull Lohariwala has been the grandfather of the petitioners in the said writ petition. There were series of litigations before and after the said writ petition with respect to the disputed property. Initially, the said Kirodimull Lohariwala filed a Suit No. 1451 of 1957, against Premchand Gupta in this Court involving three properties, including the disputed property. The Official Receiver was appointed as the receiver, who took over the possession of the three properties involved in the said suit. On 24th August, 1959, the Income Tax Department made an application in the said suit for leave to attach the property to sell the same and attachment was effected pursuant to the leave granted.;