Calcutta High Court (Appellete Side)
Bhudev Mallick @ Bhudeb Mallick And ... vs Ranajit Ghoshal And Others on 27 March, 2019
1 S/L. 34.
March 27, 2019.
MNS.
C. O. No. 1120 of 2019 Bhudev Mallick @ Bhudeb Mallick and another Vs. Ranajit Ghoshal and others Mr. Kushal Chatterjee, Mr. Surendra Sharma, Mr. Suman Chakraborty ...for the petitioners.
A pertinent question has been raised by the judgment-debtors/petitioners as to whether the executing court acted without jurisdiction in turning down the petitioners' objection to the execution of a decree for permanent injunction primarily by overlooking the effect of Order XXI Rule 11(A) of the Code of Civil Procedure.
Accordingly, the petitioners are directed to serve copies of the revisional application on the decree-holders/opposite party nos. 1 to 6, intimating them that the matter will appear as a 'listed motion' in the monthly combined list of cases for the month of May 2019.
The petitioners will file an affidavit-of-service on the next date of hearing. Service on the proforma opposite parties is dispensed with for the present. There will be an order of stay of all further proceedings in Title Execution Case No. 01 of 2017 pending before the Civil Judge (Senior Division) at Arambagh, District- Hooghly, till May 24, 2019, or until further order, whichever is earlier.
(Sabyasachi Bhattacharyya, J.) 2