ANANYA DALAL Vs. MIRA DALAL

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the petitioner has challenged the order impugned dated 4th June, 2013 passed by the Ld. 3rd Civil Court (Junior Division) at Alipore in Misc. Case No. 11974 of 2013 arising out of Title Execution Case No. 18111 of 2011 in the matter of Ananya Dalal Vs. Mira Dalal & Ors.

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

(3.) Shri Anit Kumar Rakshit, Ld. Counsel appearing on behalf of the petitioner submits that the petitioner is entitled to have her rights independently adjudicated in her application filed under Order 21 Rules 97 & 101 read with Section 151 CPC. In the event the decree is allowed to be executed during the pendency of Misc. Case No. 11974 of 2013, the petitioner shall suffer grave prejudice. Shri Rakshit submits that a direction may be given by this Court to the Ld. Trial Court to dispose of Misc. Case No. 11974 of 2013 within a specified period prior to proceeding with the execution case. Per contra, Shri Amitava Ghosh, Ld. Counsel appearing for the OPs 7, 8 & 9/decree holders submits as follows:-