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Showing contexts for: ejectment execution in Deb Narayan Basu & Anr vs Sankari Sett & Ors on 29 April, 2024Matching Fragments
29.04.2024 Sl. No.27 Cp C.O. No. 3492 of 2023 Deb Narayan Basu & anr.
Vs. Sankari Sett & ors.
Mr. Sounak Bhattacharya Mr. Sounak Mandal ... for the Petitioners.
Prima facie, it appears to this court that Ejectment Execution Case No. 176 of 2003 ought to have been stayed by the learned Judge during the pendency of the application under Order 21 Rule 99 to 101 of the Code of Civil Procedure filed by the petitioners. The petitioners as third parties are resisting the decree.
In the meantime, the order impugned deserves to be stayed as there appears to be a contradiction in the findings of the learned executing court and the findings of a competent court of civil jurisdiction in which the decree sought to be executed in this execution proceeding was found to be void. The learned executing court proceeded on the schedule of the property and found that the earlier decree was in respect of one room and varandah. I find that in Title Suit No.442 of 1989, a decree of permanent injunction restraining Pachu Saday Sett from proceeding with the execution of the decree passed in Ejectment Suit No. 892 of 1969, had been granted. The heirs of Pachu are now proceeding with the execution of the decree arising out of Title Suit No.892 of 1969 and Execution Case No. 176 of 2023 is continuing.