MATHUR SAO Vs. CHAMPAKLATA SEN

JUDGEMENT

(1.) THIS in an application under Article 227 of the Constitution of India filed by the defendant No. 1/petitioner primarily against the plaintiff/opposite party No. 1. The impugned order is an order dated 23rd July, 2007 passed by the learned Civil Judge (Junior Division), Purulia, rejecting the application of the defendant No. 1 filed under the provisions of Section 47 of the Code of Civil Procedure. Against the said impugned order the defendant No. 1/ petitioner has preferred the instant application and prays before this Court that the said order be set aside.

(2.) FROM the records it appears that the decree holder had filed a Title execution Case being No. 15 of 1986 to recover khas possession of the decretal property and earlier another miscellaneous case was filed by the judgment-debtor praying for dismissal of the execution case.

(3.) UPON perusing the order of the learned executing Court it appears that the application under Section 47 of the Code of Civil Procedure had been filed by the petitioner herein for dismissal of Title Execution Case No. 15 of 1986 along with another petition under Section 151 of the Code of Civil procedure for stay of all further proceedings.