DILIP KUMAR SAHA Vs. GURUDAS PAUL AND ORS.

JUDGEMENT

(1.) By filing this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 28.03.2015 passed by learned Civil Judge, Senior Division, Court No. 1, Agartala, in Misc. Case No. 95 of 2012 arising out of execution proceeding No. Ex(T)7 of 2009.

(2.) Heard learned senior counsel, Mr. A.K. Bhowmik for the petitioner, learned senior counsel, Mr. S.M. Chakroborty assisted by learned counsel, Ms. P. Chakraborty for the respondent No. 1, learned counsel, Mr. B. Saha for respondent No. 2, learned counsel, Mr. D.R. Choudhury for respondent No. 5, 6A to 19B. The matter is taken up for final disposal at the order stage itself with the consent of learned counsel of both sides.

(3.) Facts which are necessary for disposal of this petition in short is that the petitioner Dilip Kumar Saha, as plaintiff, instituted T.S. No. 30 of 1984 in the court of Civil Judge, Senior Division, Court No. 1, Agartala against Srinibash Pal (since deceased), the predecessor of respondent No. 2 to 5 herein, as defendant No. 1, Sridam Pal, the respondent No. 2 herein, as defendant No. 2 and another Gouranga Pal, the predecessor of respondent Nos. 6A to 6D herein, as defendant No. 3. The suit was contested by the defendants and it was decreed in favour of the plaintiff by judgment and decree dated 29.09.1999.