LAWS(CAL)-2014-8-149

RITA CHAKRABORTY Vs. KALIDAS BHATTACHARJEE

Decided On August 29, 2014
Rita Chakraborty Appellant
V/S
KALIDAS BHATTACHARJEE Respondents

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India challenge is thrown by the petitioner/decree holder/plaintiff to the judgment and order dated 3rd September, 2013 in Title Execution Case no.5 of 2012 passed by the Learned 4th Civil Court (Junior Division) at Alipore.

(2.) The short facts of the case are as follows:-

(3.) Upon signing of the above noted presents the petitioner alleges that the opposite parties being respectively, the owners and the developers of the suit premises, acted in breach of the reciprocal obligations agreed between the parties. The petitioner therefore was compelled to file an execution proceedings being Title Execution Case no.5 of 2012 before the Learned Trial Court praying for execution of the Compromise Decree. Alongwith the Execution Application the petitioner also filed an application for temporary injunction which was refused by the Learned Trial Court.