KABEL UDDIN Vs. BHANU NESSA

JUDGEMENT

(1.) Heard Mr. N.N. Karmakar, learned counsel for the petitioners.

(2.) This application under Article 227 of the Constitution of India is filed praying for setting aside the order dated 07.04.2017 passed by the learned Munsiff No.2, Barpeta in Misc. (J) Case No.9/2016 along with a prayer to hold that the decree dated 17.5.04 passed by the learned Munsiff No. 2, Barpeta in Title Suit No.85/2003 is a nullity and, therefore, not executable. The order dated 7.4.2017 was passed on a petition filed by the present petitioners under Section 47 of the CPC.

(3.) The learned executing Court construed the petition to be a frivolous petition and dismissed the same with a cost of Rs.5,000/- (Rupees Five Thousand).