MANTU ROY Vs. GOPAL CHAKRABARTY

JUDGEMENT

(1.) The aforesaid two petitions being connected, were heard together and are disposed of by this common judgment and order. In the first petition, the petitioner has put to challenge the action of the learned Executing Court which had executed the judgment and decree dtd. 9/3/2009 passed in Title Suit No. 6/2002. The petitioner alleges that the same was executed without affording a reasonable time to the judgment debtor which was required as per the decree. The petitioner has further alleged that the same was done to frustrate the scope to challenge the legality and validity of the principal judgment and decree of the learned Trial Court which was affirmed by the learned Appellate Court.

(2.) The subsequent case registered as CRP/472/2016 has been filed by invoking the provisions Article 227 of the Constitution of India against the judgment and decree dtd. 9/3/2009 passed by the learned Court of the Munsiff No. 1, Tinsukia in Title Suit No. 6/2002 whereby a degree of ejectment has been passed against the petitioner. The said judgment and decree has also been affirmed by the learned Civil Judge, Tinsukia in Title Appeal no. 4/2009 vide judgment dtd. 5/12/2016. The aforesaid orders, as indicated above, are the subject matter of challenge in the subsequent case.

(3.) Since, the subject matter of CRP/472/2016 is the primary challenge against the judgment and decree, the same is taken up for consideration first as the result would also govern the issue involved in CRP/471/2016.