ASHISH DAS Vs. ABDUL HAI

JUDGEMENT

(1.) Heard Shri H.R. Choudhury, learned counsel for the petitioner, who has filed this application under Article 227 of the Constitution of India read with Sec. 151 of the CPC in which challenge has been made to an order dtd. 14/11/2023 passed by the learned Munsiff No.2, Nagaon in M.J. Case No. 151/2022 arising out of Title Execution Case No. 03/2022. By the aforesaid order, the petition has been rejected.

(2.) The facts projected in this petition are that Title Execution Case 03/2022 has been instituted with regard to a judgment and decree dtd. 23/9/2005 in T.S. No. 43/1998. The said judgment and decree was the subject matter of challenge in appeal being T.A. No. 36/2005 including second appeal RSA 103/2009 before this Court. It was thereafter that the execution proceeding was initiated. It is contended that the present petitioner was not a party to the suit and accordingly he had filed the application under Order 21 Rule 26, 97, 98 read with Sec. 151 of the CPC which was registered as MJ Case No. 151/2022. It is submitted that though initially there was an interim stay, vide the impugned order dtd. 14/11/2023 the said M.J. Case No. 151/2022 has been dismissed.

(3.) The learned counsel for the petitioner has submitted that the suit land consist of his residential house and in the event, the execution is affected, irreparable loss and injury would be caused by him and therefore, he prays for intervention with the impugned order dtd. 14/11/2023.