ANDSNEHALATA PAUL Vs. STATE

JUDGEMENT

(1.) THIS is an application under section 115 of the Code of civil Procedure and is directed against an order dated May 19,1984 passed in Misc. Case No. 43 of 1983 of the 1st Court of munsif at Alipore dismissing the petitioners' application under Order 21 Rule 29 of the code of Civil Procedure. The opposite party by lodging a caveat is opposing the application.

(2.) THE undisputed facts leading to the pre sent application may be briefly stated as follows: The opposite party instituted a suit against the petitioners being. Title Suit no. 102. of 1973 for eviction. The petitioners were contesting the suit. The petitioners' defence against delivery of possession was struck out under section 17 (3)of the West Bengal Premises Tenancy Act and eventually the suit was decreed on 4. 6. 1975. The petitioners thereafter, after lapse of nearly one year filed the Title Suit no. 214 of 1976 praying for a declaration that the decree obtained in title Suit No. 102. of 1973 was a nullity. In the mean time the decree holder filed an execution the petitioners after filing the Suit, no. 214 of 1976 filed an application for injunction under Order 39 Rules 1 and 2 and got an interim order in their favour. On appeal the said order was vacated against which the petitioner moved this court in revision being Civil Revision case no. 2476 of 1980. The revision case was also dismissed. Thereafter the petitioners filed an objection under section 47 of the code of Civil Procedure for dismissal of the execution case. The objection was dismissed against which the petitioners moved this court in its revisional jurisdiction and the revisional application too was summarily dismissed. Thereafter petitioners filed an application under Order 21 Rule 29 of the code of Civil Procedure for staying the execution of the decree passed in Title Suit no. 102 of 1973. Learned Munsif by the impugned order, after reciting the facts of the case felt disinclined to allow the prayer and rejected the application. Hence the present application under section 115 of the Code of Civil Procedure.

(3.) AS already indicated above the decree-holder-opposite party has lodged caveat and is opposing this application.