Murari Mohan Guin @ Bijoy Guin vs Guhiram Das (Pataru) & Ors
2024 Latest Caselaw 4465 Cal

Calcutta High Court (Appellete Side)

Murari Mohan Guin @ Bijoy Guin vs Guhiram Das (Pataru) & Ors on 2 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

M/L 26
02.9.2024

Court No.19 SD IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION CO 1897 of 2024 Murari Mohan Guin @ Bijoy Guin Vs. Guhiram Das (Pataru) & Ors.

Mr. Dinendra Nath Chatterjee Mr. Madhusudan Mandal ... for the Petitioner.

This is an application under Article 227 of the

Constitution of India.

The Order No.20 dated December 5, 2023 passed

by the learned Civil Judge (Junior Division) at

Raghunathpur, District: Purulia in Title Execution Case

No.03 of 2021 is under challenge.

The judgment debtor in a suit for declaration of

title and injunction is the petitioner. The decree of

prohibitory injunction has been put into injunction

alleging violation of it. The petitioner had questioned the

maintainability of the said execution case on the ground

that a decree of such nature cannot be executed.

The Executing Court by the order impugned has

overruled the said objection.

In view of the explanation appended to Sub-Rule

(5) of Order XXI Rule 32 of the Code of Civil Procedure,

the challenge to the maintainability of the said execution

case has been rightly overruled by the executing court.The

order impugned does not call for any interference.

CO 1897 of 2024 is disposed of without any order

as to costs.

Parties to act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent Photostat certified copies of this order, if

applied for, be supplied to the parties upon compliance

with all requisite formalities.

(Biswajit Basu, J.)