BISWANATH MITRA Vs. MIHIR KIRAN BANERJEE

JUDGEMENT

(1.) It has been more than 25 years since the original suit seeking the eviction of the appellant from the premises in question was filed. That was the Ejectment Suit No. 345 of 1974. That suit was decreed on 13th May, 1977. Ever since, the appellant has been successfully stalling the execution of the decree by taking recourses to one method or the other by filling objections in the execution proceedings, by filing applications after applications, using all available provisions of law. Filing of civil suit in one form or the other was resorted to by the appellant. At one stage, even sub-tenants were set as plaintiffs/applicants to frustrate the decree and its execution. In these past 25 years, the appellant has succeeded in staling the execution of the decree, this appeal being the last (hopefully, so) in the long chain of all such events.

(2.) On 26th November, 1997, when the execution proceedings were on, an application came to be filed by the appellant in the Executing court under Order 21 Rule 97 of the Code of Civil Procedure and section 151 of the Code of Civil Procedure challenging the execution taken up by the respondents on a number of grounds, one of them being the non-fulfilment of the requirement contained in Order 21 Rule 16 of the Code of Civil Procedure. The learned court below vide order dated 26th November, 1997 dismissed the aforesaid application of the appellant and issued a writ of possession for execution by the bailiff with the help of police. It is against this order that the present appeal has been filed.

(3.) We have heard at great length the learned Advocate for appellant as also the learned Advocate for the Respondents.