SANDIP KUMAR SAHA Vs. SOMNATH SAHA

JUDGEMENT

(1.) Title suit No. 1843 of 2005 was before the learned Judge, 11th Bench, City Civil Court at Calcutta, wherein Preliminary Judgment and Decree was passed and subsequently Final Judgment was passed. Petitioner preferred F.A.T 12 of 2022 challenging the final judgment dated whereby the Hon'ble Division Bench of this Hon'ble Court was pleased to dismiss the said appeal on 25/4/2022, against which a Special Leave to Appeal (C) No(s). 14995 of 2022 being filed, was also dismissed on 24/9/2022 by the Hon'ble Supreme Court.

(2.) Pursuant to that a Title Execution case No. 58 of 2022 was filed by the decree holders in which an order was passed, fixing date for issuance of writ.

(3.) Subsequent to the said order, writ of delivery of possession was issued under Order 21 Rule 35 of the Code of Civil Procedure, 1908 and application under Order 21 Rule 97 of the Code of Civil Procedure, 1908 read with Rule 208 of the Civil Rules and Orders registered as Miscellaneous Case being Misc. Case No. 3984 of 2023 was filed.