SAMIR KUMAR PAL AND ANOTHER Vs. BHASKAR SARDAR

JUDGEMENT

(1.) The present revision arises out of an order whereby all further proceedings of Title Execution Case No. 3 of 2016 pending in the First Court of Civil Judge (Senior Division) at Baruipur were stayed till disposal of Miscellaneous Case No. 13 of 2018, which was instituted by the present opposite party under Order XXI Rules 99, 101 and 103 read with Section 151 of the Code of Civil Procedure.

(2.) The petitioners instituted a suit under Section 6 of the Specific Relief Act, registered as Title Suit No. 38 of 2008, for recovery of possession of the suit premises. The said suit was initially dismissed on March 31, 2010. The petitioners moved a revisional application, bearing C.O. No. 1899 of 2010, against such dismissal, which was allowed by a co-ordinate bench of this Court vide order dated April 8, 2011, remanding the suit for fresh hearing.

(3.) After remand, the suit was again dismissed on September 9, 2011, against which the petitioners preferred C.O. No. 3838 of 2011. The said revision was allowed by another co- ordinate bench of this Court on October 8, 2013 and the suit was again remanded for being heard afresh on the issues framed by this Court. The opposite party moved a special leave petition, bearing Special Leave Petition (Civil) No. 38039 of 2013, which was dismissed on March 18, 2016.