KAMALA DAS Vs. BASUDEB DAS

JUDGEMENT

(1.) THESE two applications are directed against the order no.67 dated July 9, 2010 passed by the learned Civil Judge (Junior Division), First Court, Sealdah in Misc. Case No.36 of 2010 arising out of the Title Execution Case No.65 of 1998 and the order no.52 dated July 9, 2010 passed by the learned Civil Judge (Junior Division), First Court, Sealdah in Misc. Case no.37 of 2010 arising out of the Title Execution Case No.20 of 2006 respectively.

(2.) SINCE a common question of law is involved in the two applications and both the cases are identical, these two applications are disposed of by this common judgment. For convenience, I am discussing the C.O. No.2755 of 2010.

(3.) THEREAFTER, the opposite party nos. 1 & 2 filed the Title Execution Case No.65 of 1998 for recovery of possession. In that execution case, the petitioner filed an application under Order 21 Rule 98 read with Section 101 of the C.P.C. and that application was registered as Misc. Case No.36 of 2010. In that misc. case, the petitioner filed an application for stay of the execution proceeding and that application was rejected by the executing court by the impugned order. Being aggrieved, this application has been preferred.