MD. IZHAAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of a judgement-debtor/resistor challenging an order dated March 20, 2023 passed by a learned Single Judge in W.P.A. 5402 of 2023.

(2.) By the order impugned, the authorities of the Shibpur Police Station was directed to deploy appropriate police force on the date and time mentioned in the said order. The bailiff of the Civil Court was also directed to deliver possession, as ordered by the Civil Court on the date and time mentioned in the said order.

(3.) The 5th respondent along with Tapeshwar Chowdhury and Maheshwar Chowdhury filed a suit being Title Suit No.546 of 2019 before the learned Civil Judge (Senior Division), 3rd Court at Howrah. The said suit was decreed ex parte on September 29, 2021. The decree was put into execution giving rise to Title Execution Case No.16 of 2021. The executing court directed the bailiff to deliver possession in favour of the decree holders. However, the bailiff was resisted and upon an application filed by the decree holders under Rule 208 of the Civil Rules and Orders, the executing court directed the Nazir to execute the decree through Process Server with the help of police. Since the possession could not be delivered an application for breaking open the padlock was filed by the decree holders. The executing court allowed such application thereby authorising the bailiff to break open the padlock in any of the rooms with police help. The appellants claim to have filed a Miscellaneous Case under Order IX Rule 13 of the Code of Civil Procedure being Misc. Case No.86 of 2022 praying for setting aside the ex parte decree dated September 29, 2021 passed in Title Suit No.546 of 2019. The prayer for stay of execution at the instance of the appellants herein, however stood rejected by an order dated January 10, 2023.