BARUN SAMANTA Vs. RABIN BHAKTA & ORS

JUDGEMENT

(1.) A recalcitrant judgment-debtor has approached this Court to challenge the order no. 27 dated 18th September 2017 passed by learned Civil Judge (Junior Division), Uluberia at Howrah in Title Execution Case No. 01 of 2014 by which an application for modification of the order dated 1st April 2016, is rejected.

(2.) A suit for recovery of possession was filed by the opposite party against the petitioner. The said suit was decreed ex parte and such decree was put into execution. At this juncture the petitioner approached this Court by filing under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree. An application for stay of the execution proceedings was taken out by the petitioner contending that if the decree is executed during the pendency of the application under Order 9 Rule 13 of the Code, it would cause serious hardship and injury to the petitioner.

(3.) While disposing of the application for stay, the Court imposed the condition that the petitioner would deposit a sum of Rs. 50,000/- as and when by way of security for stay of the execution proceedings. The petitioner did not stop and instead of complying the said order, he took out an application for modification of the order dated 1st April 2016 alleging that instead of deposit of the money he should be allowed to give a security by depositing the title deed of the property over which he has right, title and interest.