Shahnawaj Ahmed & Ors vs Md. Mafizul Ahamed & Ors
2021 Latest Caselaw 2533 Cal

06.04.2021 (S/L-03) Ct.-18 (Susanta)

(Via Video Conference)

C.O. 244 of 2020

Shahnawaj Ahmed & Ors.

-Vs-

Md. Mafizul Ahamed & Ors.

Mr. Anirban Mitra, Mr. P. C. Mitra, Ms. Saberi Saha, Mr. Amit Halder, ....... For the Petitioners.

The revisional application under Article 227

of the Constitution of India is at the instance of

the judgment-debtors of the decree passed in a

suit for eviction and is directed against an order

dated September 21, 2019 passed by the 2nd

Court of Learned Civil Judge (Junior Division) at

Basirhat, District 24-Parganas (North) in Misc.

Case no. 47 of 2014.

The petitioners in the execution case, levied

to execute the said decree of eviction filed an

application under Section 47 of the Code of Civil

Procedure questioning the executability of the

said decree on the ground that the description of

the suit property is vague which is not matching

with the property under occupation of the

petitioners and also on the ground that there is a

subsisting order of injunction passed in a suit for

partition between the co-sharers of the suit

property.

The Executing Court in its elaborate order,

which is under challenge in the present

revisional application has dismissed the said

application holding that there is no ambiguity in

the description of the suit property and the said

order of injunction has got no nexus in

execution, discharge and satisfaction of the said

decree.

The executing Court while dismissing the

said application under Section 47 of the Code

has considered the entire materials on record in

detail.

This Court in exercise of the jurisdiction

under Article 227 of the Constitution of India is

not inclined to re-appreciate the said materials to

interfere with the order impugned.

C.O.244 of 2020 is, therefore, dismissed,

without any order as to costs.

Urgent photostat certified copy of this order,

if applied for, be supplied to the parties subject

to compliance with all requisite formalities.

(Biswajit Basu, J.)