LAWS(CAL)-2019-7-8

PANCHANAN GHANTI Vs. BALAJI PARKING PLAZA

Decided On July 02, 2019
Panchanan Ghanti Appellant
V/S
Balaji Parking Plaza Respondents

JUDGEMENT

(1.) Decree holder/landlord/plaintiff in connection with C.O. 4217 of 2018 challenged the order dated 13.11.2018 passed by the learned Civil Judge, Junior Division, 6th Court at Howrah Misc. Case No. 275 of 2015 arising out of Title Suit No. 136 of 2007, allowing Section 5 application of the Limitation Act, and thereby condoning the delay in filing Misc. Case No. 275 of 2015, wherein the ex parte decree passed on 12.06.13 was sought to be set aside taking first and foremost ground of non-service of summons of suit.

(2.) Jdr/Defendant in connection with C.O. 4276 of 2018 assailed the order dated 3rd December, 2018, passed by the learned Civil Judge (Junior Division) 6th Court, Howrah in Title Execution Case No.8 of 2014 arising out of Title Suit No.136 of 2007, fixing the stay application filed by JDR for hearing, but without granting any interim order of stay, and thereby indirectly allowing execution case to go ahead.

(3.) The fight between the parties is over an eviction decree, passed ex parte on 12.06.13 in connection with a Title Suit No. 136 of 2007, passed by learned Civil Judge (Junior Division) 6th Court Howrah, wherein eviction with prayer for recovery of possession was sought for.