TARAPADA DEY Vs. AMITAVA DEY

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India in respect of an order bearing no. 57 dated 14th March, 2007, passed by the learned Judge, Second Bench of the City Civil Court at Calcutta in Miscellaneous Case No. 961 of 2006 arising out of Title Execution case no. 48 of 1998.

(2.) THE petitioners in the instant application are the judgment-debtors who are contesting the execution case pending before the learned court below.

(3.) THE facts of the case relevant for the purpose of disposing the instant application, in brief, are as follows: - By a common judgment delivered by the learned trial court, three suits, being Title Suit Nos. 2723/94, 2194/94 and 3558/94, in which the main dispute was between the two branches of a family over control of a business of sale and repair of watches, stood disposed of, against which three appeals were preferred before a Division Bench of this Hon'ble Court by the petitioners No. 1 to 5 herein. From the observations made in the judgment and order dated 06th October, 2005 passed by the Division Bench of this Hon'ble Court it appears that the dispute revolved round 'M/s. B.K. Dey', the trade name of a proprietary concern, originally belonging to Bijoy Krishna Dey (since deceased), which is being run in a rented shop room from premises no. 15, Mahatma Gandhi Road, Calcutta. The Division Bench of this Hon'ble Court dismissed the three appeals of the petitioner nos.1 to 5 herein with the following observations: -