DILIP BOSE Vs. ANANDAMOYEE BOSE & ORS

JUDGEMENT

(1.) An application under Order 21 Rule 99, 100 & 101 of the Code of Civil Procedure filed by the appellant which was registered as Misc. Case No. 44A of 2011, was held to be not maintainable by the learned Executing Court. Hence, the said application was rejected.

(2.) Challenging the said order, the appellant preferred an appeal being Misc. Appeal No. 15 of 2015 before the learned First Appellate Court. The learned First Appellate Court dismissed the said appeal with cost. Thus, the findings of the learned Executing Court regarding maintainability of the said miscellaneous case was approved by the learned First Appellate Court.

(3.) The legality and/or correctness of the said judgement and order passed by the learned First Appellate Court is under challenge in this second miscellaneous appeal.