SEFALI DATTA Vs. KANANBALA DEY

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel for the petitioner and Mr. S.M. Chakraborty, learned senior counsel assisted by Mrs. P. Chakraborty, learned counsel for the respondents.

(2.) Petitioner is the Proforma Defendant No.4 in Title Suit Partition No.29 of 2017 who contested the suit by filing written statement apart from the Defendant No.1, but no decree was passed against the present petitioner by the learned Trial Court vide judgment dtd. 25/10/2017 and decree dtd. 19/9/2018. The operative part of the judgment and decree reads as under :

(3.) A final decree was prepared pursuant to the judgment which is at Page 26 of the memo of the instant petition. The present petitioner filed an application under Sec. 47 of the Code of Civil Procedure (CPC, for short) raising a plea that Case No. Execution 09(T)/2019 is not maintainable on the strength of power of attorney of the plaintiff decree holder and needs to be verified regarding its genuineness. It also took a plea that some land has been transferred by way of sale to the petitioner and thus the present execution petition is not maintainable. Petitioner also pleaded that OP is not in possession of the suit land. The learned Executing Court dealt with this case in the following manner.