SOUGATA NARAYAN NAG Vs. KOUSHIK MANDAL

JUDGEMENT

(1.) The petitioners are the Judgment Debtors in Title Execution Case No. 03 of 2017 pending before Learned Civil Judge Junior Division 2nd Additional Court Diamond Harbour District 'South 24 Paraganas and is aggrieved by Order dtd. 6/7/2022 passed by the Learned Judge in the said Execution Case.

(2.) The case of the petitioners may be briefly summed up thus.

(3.) One Panchanan Mondal instituted a suit for declaration, Permanent Injunction and recovery of possession against the Petitioners/Judgment Debtors amongst others. The said suit was decreed on 28/8/2012 against the petitioners and other defendants. The petitioners being aggrieved by the Decree passed by the Learned Trial Judge preferred an Appeal before the Learned Additional District Judge Diamond Harbour being Title Appeal No-50 of 2012. The Learned Appellate Court on admitting the appeal was pleased to pass an interim order of stay against the Judgment and Decree dtd. 28/8/2012 passed by the Learned Trial Court till the disposal of the appeal. On 10/7/2017 the appeal filed by the petitioners was dismissed for default. The petitioners pursuant to the order of dismissal of the appeal filed an application for restoration being Misc Case No. 06 of 2017. During pendency of the application for restoration, Execution Case arising out of Judgment and Decree dtd. 28/8/2012 passed by the Learned Trial Court, came up before the said Court. On 6/7/2022 when the Execution case appeared before the Learned Trial Court for verification, a petition was moved by the petitioners/Judgment Debtors for stay of the Execution Case.