ADHAR CHANDRA PORIA Vs. RADHA RANI PANJA

JUDGEMENT

(1.) This Second Miscellaneous Appeal is at the instance of a third party in proceedings under Order 21 Rule 97 of the Code of Civil Procedure and this appeal is preferred against an appellate order dated November 8,2005 passed by the learned District Judge, Howrah in Title Appeal No. 112 of 2005 thereby affirming the Order No. 24, dated July 30, 2005 passed by the learned Civil Judge (Junior Division) 1st Court at Uluberia in Misc. Case No. 59 of 2004 arising out of Title Execution Case No. 3 of 2004.

(2.) The decree holder -respondent No. 1 started an execution case being Title Execution Case No. 3 of 2004 before the learned Civil Judge (Junior Division), 1st Court at Uluberia for enforcing a decree passed in Title Suit No. 188 of 1999 against the respondent No. 2 and in such execution case, the present appellant, came up with an application under Order 21 Rule 97 of the Code of Civil Procedure alleging that he had independent title to the property and was not bound by the decree passed in favour of the respondent No. 1 against the respondent No. 2.

(3.) There is no dispute that even prior to initiation of the Title Execution Case No. 3 of 2004 by the respondent No. 1 against the respondent No. 2, the present appellant had already filed an independent suit being Title Suit No. 161 of 2003 before the learned Civil Judge (Junior Division), Uluberia for establishing his title over the selfsame property and the said suit is still pending.