CHURAMONI GORAI & ORS. Vs. DHIREN GORAI

JUDGEMENT

(1.) The judgment debtors, who are claiming through the original defendant in Title Execution Case No. 10 of 2013 arising out of judgment and decree dated December 19, 2012 passed in Title Suit No. 99 of 2008, has filed this revisional application, being aggrieved by an order dated December 2, 2019 passed by the learned Civil Judge (Junior Division), 2nd Court at Assansol, District - Paschim Bardhaman.

(2.) By the order impugned, the application for stay filed by the judgment debtor in Title Execution Case No. 10 of 2013 was rejected. The learned court found that the judgment debtors being aggrieved by the judgment and decree had preferred a first appeal which was dismissed on January 31, 2017 being Title Appeal No. 43 of 2013. Thereafter, the judgment debtors/ petitioners preferred a second appeal before this Court which was rejected at the time of hearing under Order 41 Rule 11 of the Code of Civil Procedure. The learned court found that in the application for stay no cogent reasons had been stated as to why the Title Execution Case should be stayed.

(3.) This is a case of eviction of licensee. The petitioners have been unsuccessful throughout the proceedings and, as such, the learned court below did not find any cogent reason to stay the Title Execution Case which has been pending since 2013.