7 vs Manglu Md. & Ors
2022 Latest Caselaw 7424 Cal

16 09.11. C.O. 3017 of 2022 AG 2022 M / RKB Ct Usman Ali 07 Vs Manglu Md. & Ors

Mr. Bhagbat Chaudhuri, ... For the petitioner.

The subject matter of challenge is against the

order dated 31st August, 2022 passed by learned Civil

Judge (Junior Division), Raiganj in Title Execution

Case No. 02 of 2016 appointing learned Investigation

Commissioner for holding local investigation and to

spell out the boundary description of the suit property

for some apparent mis-description in the schedule of

the suit property,w sought to be executed.

Admittedly, petitioner is a judgment-debtor and

there has been an ex parte decree granted in the year

2016. Learned advocate appearing for the judgment-

debtor/petitioner is candid in his submission that in

the meantime there has been no appeal preferred

challenging the ex parte decree and no petition under

Section 47 CPC has also been filed by the judgement-

debtor to dispute with the execution, discharge and

satisfaction of the decree, even in this execution

proceeding.

As per submission disclosed by the petitioner,

there is some mis-description of the subject property,

and when there has been no boundary disclosed in the

suit property mentioned in the schedule of the plaint,

the decree cannot be executed.

Upon perusal of the impugned order, it appears

that for the apparent mis-description of the suit

property, there has already been an appointment of

Investigation Commissioner to spell out the boundary

description of the suit property in connection with the

proposed execution of the decree.

Without challenging the decree, it would not be a

business of the judgment debtor to peep into the

exercise, already undertaken by opposite parties as to

how the decree-holder would get his ex parte decree

executed with respect to the suit property mentioned

in the schedule of the plaint.

The impugned order does not call for any

interference.

This would not, however, prevent the judgment-

debtor to take up appropriate action to dispute with

the decree in accordance with law as available in the

Code of Civil Procedure.

Petitioner is directed to make communication of

this order to the learned court below as well as to the

learned advocate appearing in the court below for the

opposite parties and the opposite parties.

With this observation and direction, the

revisional application stands disposed of.

Urgent photostat certified copy of the order, if

applied for, be given to the parties on usual

undertakings.

(Subhasis Dasgupta, J)