AJOY KUMAR SHAW Vs. UTTAM KUMAR SHAW

JUDGEMENT

(1.) The petitioners' application under Order Rules 98 to 101 of the Code of Civil Procedure was rejected by the learned Executing Court on contest.

(2.) The petitioners were aggrieved by the said order. Hence the petitioners preferred an appeal being Misc. Case No. 9 of 2010 before the learned Additional District Judge at Sealdah. THE learned Appeal Court refused to admit the said appeal by holding, inter alia that no appeal lies against such an order under Order 43 of the Code of Civil Procedure. Accordingly, the petitioners' said appeal was not admitted for hearing by the learned Appeal Court.

(3.) Heard the learned Advocate of the parties. Considered the materials on record including the order impugned.