SUMITRA BHATTACHARYYA Vs. MAYA MAJHI

JUDGEMENT

(1.) This revisional application is directed against an order dated February 6, 2010 passed by the learned Civil Judge (Junior Division) 3rd Court at Howrah in Title Execution Case No. 15 of 2009. By virtue of the impugned order the learned Court below postponed the verification for that date.

(2.) The decree holder/petitioner filed a Title Suit No. 204 of 1996 against the judgment debtor/opposite party for his eviction before the learned Civil Judge (Junior Division) 3rd Court at Howrah. THE above suit was decreed on July 17, 2008. THE opposite party preferred an appeal bearing Title Appeal No. 165 of 2008 before the learned District Judge at Howrah and the same was dismissed on May 30, 2009 affirming the judgment and decree passed by the learned trial Court. THE petitioner put the decree into execution being Title Execution Case No. 15 of 2009 on July 18, 2009. During the pendency of the above execution proceeding the Second Appeal bearing S.A.T. No. 439 of 2009 preferred by the opposite party was dismissed on September 4, 2009. THE opposite party filed an application under Section 47 of the Code of Civil Procedure in the above execution proceeding for rejection of execution case on the ground that there were serious of discrepancies in identifying the scheduled noted property. Necessary to mention here that no discrepancy was mentioned specifically in the above application in support of the above claim by the opposite party.

(3.) It is submitted by the learned Counsel appearing on behalf of the opposite party that in the event of discrepancy in identifying or in substance of the schedule property, an application under Section 47 of the Code of Civil Procedure has to be disposed of before putting the decree to execution. IT is submitted by him that the direction may be given for expeditious disposal of the above application of the opposite party before executing the decree under reference.