Calcutta High Court (Appellete Side)
Anup Banerjee vs Sukumar Ghosh & Ors on 13 March, 2020
Author: Biswajit Basu
Bench: Biswajit Basu
1 (30) 13.03.2020
(p.jana) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION CO No. 624 of 2014 Anup Banerjee
-versus-
Sukumar Ghosh & ors.
Mr. Malay Bhattacharya, ... for the petitioner.
The defendant in a suit for ejectment is the petitioner of the instant revisional application under Article 227 of the Constitution of India.
The defendant suffered a decree of eviction. The said decree was put into execution giving rise to Title Execution Case No. 5 of 2006.
The petitioner in the said execution case filed an application under Section 47 of the Code of Civil Procedure questioning the executability of the said decree on the ground that the decree holders are not the owner of the suit property and the said decree was passed behind his back.
The said application was registered before the Executing Court as J. Misc. Case No. 13 of 2008.
The Executing Court by the order impugned being order no. 47 dated December 24, 2012 has dismissed the said misc. case holding that the grounds on which the petitioner is challenging the executability of the said decree does not come within the purview of Section 47 of the Code.
This Court does not find any illegality and/or infirmity in the order impugned. CO 624 of 2014 is therefore dismissed.
2However, there shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.
(Biswajit Basu, J.)