- (1.) Let the affidavit-in-reply filed in Court today on behalf of the appellants in response to the affidavit-in-opposition filed on behalf of the added respondent be taken on record.
(2.) By consent of the parties, the appeal is treated as on day s list and taken up for consideration along with the application for stay. The instant appeal arises out of a judgment and order dated 16th May, 2018, passed by a learned Single Judge in WP 5763 (W) of 2018 (Smt. Ratnabali Banerjee & Ors. vs. Uttarpara Kotrung Municipality & Ors.).
(3.) It transpires from record that Maya Chattopadhyay the mother of the appellant no.1 had purchased a demarcated property under a Deed of Conveyance dated 24th April, 1959. Addyanath Ghosh, the predecessor-ininterest of the father of the added respondent, had purchased a separate demarcated plot adjacent to the plot purchased by Maya Chattopadhyay by a Deed dated 4th May, 1959. Both Maya Chattopadhyay and Addyanath Ghosh had purchased their respective demarcated plots from a common vendor and their Deeds also have sketch plans showing the two plots as demarcated. Basudeeb Banerjee, being the father of the added respondent, subsequently purchased the plot belonging to Addyanath Ghosh by a registered Deed dated 16th May, 1961.;