MADHUSUDAN SAHA Vs. REBATI RANI MUKHERJEE

JUDGEMENT

(1.) THIS is a unique instance where the machinery of the executing Court was manipulated fraudulently by the decree holder/opposite party herein in recovering possession of the suit property from the judgment debtor in a very hush hush manner.

(2.) LET me now give a brief background of the execution process hereunder. The plaintiff's suit for eviction on the ground of reasonable requirement was decreed on contest on 26th September, 2006.

(3.) SINCE the petitioner/judgment debtor was not satisfied with the said decree, he preferred an appeal being Title Appeal No. 127 of 2006 before the learned First Appellate Court. During the pendency of the said first appeal, an execution case was filed by the decree holder/opposite party herein for recovery of possession of the suit property from the petitioner herein in execution of the eviction decree passed by the learned Trial Judge. The process of the said execution case was, however, stalled on account of an order passed by the learned First Appellate Court staying all further proceeding of the said execution case. The said appeal was ultimately dismissed on contest by the learned First Appellate Court on 31st March, 2007. Thereafter the process of execution again stood revived on the prayer of the opposite party herein.