Bhuban Mohan Guin And ANR v. Smt Jogmaya Das

14.07.2022 (D/L-20) Ct.-18 (Susanta) C.O. 1315 of 2022 Bhuban Mohan Guin & Anr.

-Vs- Smt. Jogmaya Das Mr. Lutful Haque, ... For the Petitioners.

Mr. Mani Sankar Chattopadhyay, Ms. Munmun Biswas, .... For the opposite party.

Affidavit-of-service filed in Court today be kept with the record.

The defendants in a suit for declaration of title and injunction are the petitioners of the present application under Article 227 of the Constitution of India which is directed against order dated May 5, 2022 passed by the The 3rd Court of learned Civil Judge (Junior Division), Serampore, District-Hooghly in Title Suit No. 144 of 2019.

The learned Trial Judge by the order impugned has dismissed an application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure.

Mr. Haque, learned advocate for the petitioners submits that the petitioners are the decree holders of a decree of eviction passed in Title Suit No. 173 of 1998 and have put the said decree into execution in Title Execution Case No. 1 of 2011. The plaintiff although is in possession of one room at the decreetal premises but the decree under execution is

not directed against her as such she should not be apprehensive of her dispossession.

Mr.

Mani Sankar Chattopadhyay, learned advocate for the plaintiff/opposite party submits that if the possession of his client is protected, she will not proceed with the suit.

In view of such stand of the parties, C.O. 1315 of 2022 is disposed of with the following direction:- (i) The petitioners shall file an undertaking in the Title Execution No. 01 of 2011 pending before the 1st Court of Learned Civil Judge (Junior Division) at Serampore District: Hooghly that the possession of the opposite party Smt. Jogomaya Das in respect of one room and enjoyment of common Verandah in the decreetal premises, as indicated in the sketch-map annexed to the report of the Commissioner, appearing at Page 51 of the revisional application, shall not be disturbed in execution of the decree passed in Title Suit No. 173 of 1998.

(ii) On filing of the said undertaking, the Title Suit No. 144 of 2019 pending before 3rd Court of learned Civil Judge (Junior Division) at Serampore, District-Hooghly shall stand dismissed on production of a copy thereof.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)