Murari Mohan Guin Alias Bijoy Guin v. Guhiram Das Pataru And ORS

M/L 26 02.9.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 1897 of 2024 Murari Mohan Guin @ Bijoy Guin Vs.

Guhiram Das (Pataru) & Ors.

Mr. Dinendra Nath Chatterjee Mr. Madhusudan Mandal ... for the Petitioner.

This is an application under Article 227 of the Constitution of India.

The Order No.20 dated December 5, 2023 passed by the learned Civil Judge (Junior Division) at Raghunathpur, District: Purulia in Title Execution Case No.03 of 2021 is under challenge.

The judgment debtor in a suit for declaration of title and injunction is the petitioner. The decree of prohibitory injunction has been put into injunction alleging violation of it. The petitioner had questioned the maintainability of the said execution case on the ground that a decree of such nature cannot be executed. The Executing Court by the order impugned has overruled the said objection.

In view of the explanation appended to Sub-Rule

(5) of Order XXI Rule 32 of the Code of Civil Procedure, the challenge to the maintainability of the said execution case has been rightly overruled by the executing court.The order impugned does not call for any interference. CO 1897 of 2024 is disposed of without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)