BISHNUPADA MONDOL Vs. RANIBALA MONDOL

JUDGEMENT

(1.) THIS appeal, is by the judgment-debtor and it arises out of a proceeding for execution of a final decree for partition.

(2.) UNDER the said final decree, certain properties were allotted to the decree-holder (respondent No. 1) exclusively and certain properties to the judgment-debtor exclusively. Some of the properties were also divided between tihe parties in different parts. The owellty money under the decree was only rs. 107/-, payable by the defendant No. 1, that is, the present appellant judgmentdebtor, to the plaintiff respondent.

(3.) THE circumstances, under which the present appeal has arisen are as follows : that a third party, claiming interest in four of the C. S. plots, namely, C. S. plots Nos. 316, 442, 452 and 488, included in the above partition decree, instituted a suit for declaration of her rights therein and obtained, in the said suit, a temporary injunction, restraining the parties to the instant suit from obtaining possession of the said four plots.