LAKHMI RANJAN BHATTACHARYA Vs. RAMARANJAN BHATTACHARYA

JUDGEMENT

(1.) Astonishingly the Executing Court has proceeded beyond the decree passed by the Trial Court in recording the satisfaction of the decree upon delivery of the peaceful possession to the decreeholder.

(2.) The said suit is decreed on contest. An execution case is filed obviously alleging that the petitioner is creating obstructions in peaceful enjoyment of such easement right of taking water from the drain.

(3.) It is profitable to quote Order XXI Rule 35 of the Code, which runs thus: