Balaram Haldar vs Sadhan Haldar
2022 Latest Caselaw 1024 Cal

   (10)
07.03.2022

(p.jana) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

CO No. 669 of 2019

Balaram Haldar

-versus-

Sadhan Haldar

Mr. Surya Prosad Chattopadhyay Mr. Arjun Samanta, Mr. Saptarshi Kumar Mal, ... for the petitioner.

Mr. Soumyadeep Biswas, ... for the opposite party.

The revisional application under Article 227 of

the Constitution of India is directed against the order

no. 08 dated June 20, 2017 passed by the 3rd Court of

learned Civil Judge (Junior Division), Nadia at

Krishnagar in Title Execution Case No. 7 of 2016

arising out of Title Suit No. 12 of 2013.

The suit filed by the petitioner being Title Suit

No. 12 of 2013 in the 3rd Court of learned Civil Judge

(Junior Division) at Krishnagar, Nadia was decreed on

July 29, 2016 in the following manner:

"the suit be and the same is decreed on contest against the defendant. Plaintiff is hereby entitled to get the 16 annas title and possession over the suit property. It is further declared that B Schedule deed i.e Deed of Sale being no. 6114/12 is forged, collusive, inoperative and not binding upon the plaintiff."

The said decree was put into execution given rise

to the connected Title Execution Case.

The Executing Court by the order impugned has

dismissed the said execution case on the ground that

an earlier application of the decree-holder for police

assistance to execute the said decree was dismissed

with the finding that the decree-holder is in possession

of the suit property, dismissal of the entire execution

case for a finding in an order dismissing an

interlocutory application is not warranted.

The order impugned therefore is set aside and

the Title Execution Case No. 7 of 2016 is restored to its

original file and number but in view of the nature of

decree the question of maintainability of the execution

case is kept open.

Mr. Soumyadeep Biswas, learned counsel

appearing for the judgment-debtor/opposite party

submits that an appeal being Title Appeal No. 99 of

2016 against the decree under execution is pending

before the 3rd Court of learned Additional District

Judge, Nadia at Krishnagar.

C.O. 669 of 2019 is thus disposed of without any

order as to costs.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance of all requisite formalities.

(Biswajit Basu, J.)