QUAZI TOUFIQUR RAHMAN Vs. MST. NURBANU BIBI

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, the petitioner has prayed for quashing the order dated 20 -11 -1974 passed by the learned Sadar Munsif, Gauhati In Title Suit No. 141 of 1969 by which the execution of the Decree in Title Suit No. 52 of 1964 has been stayed till decision of the Title Suit No. 141 of 1969 pending in the Court.

(2.) THE facts leading to this revision petition may be, briefly stated as follows: -

(3.) DURING the pendency of the Title Execution Case No. 13 of 1969 the judgment -debtor opposite party Mst. Nurbanu Bibi has filed Title Suit No. 141 of 1969 against the decree -holder petitioner Quazi Toufiqur Rahman for a declaration that defendant Quazi Toufiqur Rahman is not entitled to obstruct and/or interfere with the possession of the plaintiff Musstt. Nurbanu Bibi in respect of the suit land in Title Execution Case No. 13 of 1969 which is for execution of the fraudulent decree in Title Suit No. 52 of 1964. In Title Suit No. 141 of 1969 the plaintiff -opposite party Mustt. Nurbanu Bibi also filed an application under Order 39. Rules 1 and 2. Civil Procedure Code, praying for restraining the defendant -petitioner Quazi Toufiqur Rahman from proceeding with Title Execution Case No. 13 of 1969. The application for injunction was rejected by the Court by order dated 18 -8 -1971 passed in Title Suit No. 141 of 1969. Against the order dated 18 -8 -1971 rejecting the application for injunction the plaintiff -opposite party preferred a Misc. Appeal before the learned Assistant District Judge who rejected the Misc. Appeal by order dated 20 -3 -1972.