ARCHNA MUKHURJEE ALIAS Vs. MADHUMESH CHOUDHARY

JUDGEMENT

(1.) The instant matter has been taken up in the light of the direction given by the Civil Motion Bench of this Court to the Listing Sec. to list this matter before this Bench on 27/2/2025 at the top.

(2.) In this interlocutory application, the appellants, who were defendants before the trial court, have made a prayer under Order 41 Rule 5 read with Sec. 151 of the Code of Civil Procedure, 1908 (in short 'C.P.C.') for staying the proceeding in the Execution Case No. 767/2023 having arisen in the light of judgment and decree which have been challenged in this appeal.

(3.) The appellants were defendants and the respondent No. 1 was the sole plaintiff before the trial court and the defendant Praveen Kumar Banerjee, who was made as respondent No. 2 in this appeal, died before the filing of the appeal, so, his legal heirs were made as proposed respondents Nos. 2(a) to 2(c) and the defendant Vandana Chaterjee has been made as respondent No. 3 in this appeal.