JITENDRA KUMAR DHAR Vs. SIBU PAUL

JUDGEMENT

(1.) HEARD Mr. A. M. Lodh, learned senior counsel assisted by Mr. M. Dutta, learned counsel for the petitioners and Mr. K. N. Bhattacharjee, learned senior counsel assisted by Mr. S. Acharjee, learned counsel for the respondent No. 1. None appears for and on behalf of the respondent No. 2 despite service of notice upon him.

(2.) THIS is a petition/civil revision petition under Article 227 of the Constitution against the order dated 24. 05. 2006 passed by the learned Civil Judge (Senior Division), North Tripura, Kailashahar in Civil Misc. Case No. 5 of 2005 preferred against dismissal of execution proceeding No. 18 Ex (T) of 2001 by the decree-holders Sri Haribal Dhar and others. By the impugned order dated 24. 05. 2006 passed in Civil Misc. Case No. 5 of 2005 the execution case was not to continue in view of the pendency of T. S. No. 24 of 2002. Accordingly, the execution case was stayed and Civil Misc. Case No. 5 of 2005 was disposed of by the learned Civil Judge (Senior Division), Kailashahar.

(3.) AT the outset, learned senior counsel for the petitioners has submitted that the impugned order dated 24. 05. 2006 is beyond the scope, power and jurisdiction of learned Civil Judge (Sr. Division) According him the impugned order dated 24. 05. 2006 is also in derogation and in teeth of the different orders passed on the same issue by the concerned Court. In order to appreciate, it is necessary to give the factural position of the case as below:-