SUMANTA MUKHERJEE Vs. BHARATI BHATTACHARJEE

JUDGEMENT

(1.) THE instant application under Section 115 of the Code of Civil Procedure is directed against an Order No. 20 passed on. September 8. 1992 by the learned Munsif, 2nd Additional Court. Alipore 24-Parganas (S) in title execution case No. 25 of 1991 arising out of title suit no. 186 of 1986.

(2.) THE plaintiff petitioner filed a title suit being Title Suit No. III of 1985 in the 2nd Court of Musiff, Alipore which was subsequently on transfer, renumbered as Title Suit No. 186 of 1986. The said title suit was decreed in favour of the plaintiff petitioner. The defendant opposite party preferred an appeal being Title Appeal No. 32 of 1990 before the learned District Judge, alipore and the said appeal was dismissed for default. On June 19, 1991 an application for restoration of the appeal was filed by the defendant opposite party which is still pending.

(3.) THE plaintiff made several attempts for amendment of the schedule to the plaint and the decree but all those attempts failed. Thereafter the plaintiff filed an application for execution of the decree passed in Title Suit No. 186 of 1986 on or about July 1, 1991. By execution of the decree on June 28, 1992 the petitioner was given possession of the suit property with the help of the bailiff and after the defendant opposite party filed an application for restoration of the possession of the room delivered in execution of the decree and the said prayer for restoration was allowed by the order impugned in this application on September 8, 1992.