SITA DEVI Vs. PANKAJ SARDA

JUDGEMENT

(1.) Heard Mr. G. N. Sahewalla, learned Senior Counsel, assisted by Ms. S. Todi, learned counsel for the appellants. Also heard Mr. S. Dutta, learned Senior Counsel, assisted by Mr. S.K. Ghosh, learned counsel for the respondent Nos. 1 to 6.

(2.) This regular second appeal has been registered on filing of a memo of appeal under Sec. 100 of the Code of Civil Procedure, 1908 by the appellants, impugning the judgment and order dtd. 12/2/2021, passed by learned Civil Judge No. 2 Cachar, Silchar in Misc. Appeal No.18/2014, whereby the judgment and order dtd. 30/9/2014, passed in Misc. Case No. 129/2009 in Title Execution Case No. 17/2009 by the Court of learned MunsiffNo.1Cachar was affirmed.

(3.) It is pertinent to mention here in that initially, this appeal was registered as second appeal against order i.e., SAO No. 01/2021, however, as the instant appeal is against a decree which arise out of a proceeding under Order 21, Rule 97 and 101 of the Code of Civil Procedure, 1908, as in terms of Rule 103, the order in such proceeding is to be treated as a decree, by order dt. 20/6/2024, this Court directed the Registry to re-register the appeals as Regular Second Appeal and accordingly, same was done.