CHANDI PADA BATABYAL Vs. SATYABALA DEY

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India against the judgment and order dated February 6, 2004 passed by the learned Additional District Judge, Third Court at Midnapore, District: Paschim Midnapore in Civil Revision Case No.26 of 1997 reversing order No.182 dated February 7, 1997 passed by the learned Civil Judge (Junior Division), Third Court at Midnapore, District: Paschim Midnapore in Judicial Misc.Case No.6 of 1994.

(2.) The petitioners are the decree holders. The decree holders instituted Title Suit No.39 of 1972 in the Court of learned Munsif, Third Court at Midnapore, inter alia, for declaration of their title and for permanent injunction. By the judgment and decree dated April 25, 1977, the learned Trial Judge decreed the said suit. Being aggrieved by, and dissatisfied with, the said judgment and decree dated April 25, 1977, the defendants judgment-debtors preferred Title Appeal No.137 of 1977 in the Court of learned District Judge, Midnapore. Eventually, the said appeal was transferred to the Court of learned Additional District Judge, Third Court at Midnapore. By the judgment and decree dated April 19,1979, learned Additional District Judge allowed the appeal in part and modified the judgment and decree passed by the learned Trial Judge. The learned Judge in the Lower Appellate Court, inter alia, declared the plaintiffs' right, title and interest in the Kha schedule land covered by the area shown within A-2, B, B-1, B-2 and portion of Ka schedule land within A, A-1, A-2 and A-3 having an area of .0037 acre in R.S. plot No.7/220 and restrained the defendants from interfering with the peaceful possession of the plaintiffs in those lands. The learned Judge in the Lower Appellate Court directed that the report of the learned Pleader Commissioner along with his field book and the map be made part of the decree.

(3.) The decree holders, under Order 21 Rule 32(1) of the Code of Civil Procedure, put the decree for permanent injunction into execution. The said proceeding was registered as Title Execution Case No.8 of 1982. The judgment-debtors filed an application under section 47 of the Code of Civil Procedure, inter alia, challenging the executability of the decree and the said application was registered as Judicial Misc.Case No.6 of 1994.