RADHESHYAM JADAV Vs. BISSWAJIT BASU AND OTHERS

JUDGEMENT

(1.) Challenge is to the Order No.184 dated Sept. 17, 2013 passed by the learned Civil Judge (Junior Division), 2nd Court, Howrah in Title Execution Case No.05 of 2000 arising out of Title Suit No.338 of 1967 thereby rejecting an application under Sec. 151 of the C.P.C.

(2.) The predecessors-in-interest of the opposite parties herein, namely, one Mamata Basu, since deceased, filed a suit for eviction being Title Suit No.338 of 1967 against one Ekbali Roy before the learned Trial Judge and the said suit was decreed in favour of the plaintiff on March 26, 1968. Thereafter, several proceedings such as one under Sec. 9 Rule 13 of the C.P.C., other title suit and an appeal therefrom were held and the said matter attained finality. Thereafter, on July 20, 2000 the decree-holder namely, Mamata Basu filed an execution application being Execution Case No.05 of 2000 for execution of the said decree against the judgement debtors namely, Radhika Devi & Lalita Devi. Accordingly, writ of delivery of possession was issued, but, the execution of the writ of delivery of possession was resisted and as such, the decree-holder filed an application under Order 21 Rule 97 of the C.P.C. for police help and the said application had been converted into the misc. case being Misc. Case No.30 of 2004.

(3.) The petitioner being a stranger to the decree, filed an application under Order 21 Rules 97, 98 & 101 of the C.P.C. on Sept. 16, 2006 and the said application had been registered as Misc. Case No.37 of 2006, claiming independent right over the suit property. Several steps or proceedings were taken with the said misc. case including substitution. The decree-holder also filed an application for breaking open the padlock of the suit premises and that prayer was allowed on Aug. 31, 2013. Thereafter, the petitioner filed an application for stay of the execution case being Title Execution Case No.05 of 2000. The learned Trial Judge has rejected that application under Sec. 151 of the C.P.C. by the impugned order. Being aggrieved, this application has been preferred.