RABINDRA NATH DAS Vs. KARUNA DAS

JUDGEMENT

(1.) The present revisional application under Article 227 of the Constitution of India is at the instance of a decree holder in a suit for declaration of title and for permanent injunction and is directed against Order No.28 dated April 30, 2014 passed by the 2nd Court of learned Civil Judge (Junior Division), Tamluk, Purba Medinipur in judicial Misc. Case no. 9 of 2013 arising out of Title Execution Case no. 1 of 2013.

(2.) The suit filed by the petitioner was dismissed but the same was decreed in appeal.

(3.) The judgment-debtors/opposite parties prayed for dismissal of the said execution case by filing an application under Section 47 of the Code contending, inter alia, that the decree under execution has declared only the title of the decree holder over the suit property and the said decree since is not for eviction of the judgment-debtors from the suit property or for recovery of possession of the same, the execution case is liable to be dismissed as not maintainable.