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Showing contexts for: ejectment execution in Jetage Construction Private Limited & ... vs Shaha Jamal Mollah Alias Saha Jamal ... on 2 December, 2019Matching Fragments
C.O. No. 3912 of 2019 Jetage Construction Private Limited & Ors.
Vs. Shaha Jamal Mollah alias Saha Jamal Molla Mr. Arnab Sardar ... For the petitioners. The petitioners have put the decree of eviction passed in the Ejectment Suit No. 408 of 2017 into execution giving rise to the Ejectment Execution Case No. 33 of 2019. The opposite party in the said execution case filed an application under Order XXI Rule 101 read with Section 151 of the Code of Civil Procedure thereby inviting the executing Court, inter alia, to determine his independent right, title and interest over the suit property. The said application has been registered as Misc. Case No. 69 of 2019 before the executing Court. The petitioner in the said miscellaneous case filed an application under Order XIV Rule 2 of the Code praying framing of a preliminary issue regarding maintainability of it. The question of maintainability of a lis when raised by a party must be addressed at the threshold and for the said reason the said application under Order XIV Rule 2 of the Code is required to be disposed of expeditiously.