Greyman Communication Pvt Ltd v. Chung Li Hung And ORS

Sl.19 24.09.2025 Court No.6 BP C.O. 2802 of 2025 Greymind Communication (Pvt.) Ltd.

-versusChung Li Hung & Ors.

Mr. Ayan Chakraborty Ms. Bishakhi Dey ... for the petitioner Mr. Srijib Chakraborty Mr. Chandrachur Chatterjee ..for the opposite parties This application under Article of the Constitution of India is at the instance of a person claiming to be a third party and is directed against an order dated July 10, 2025 passed by the learned Civil Judge (Junior Division), 4th Court at Alipore in Misc. Case No. 273 of 2023 arising out of Title Suit No. 61 of 2023.

By the order impugned the miscellaneous case under Order 21 Rule 97, 99, 100, 101 read with Section 151 of the Code of Civil Procedure was rejected. In view of the provisions of Order 21 Rule 103 of the Code of Civil Procedure where an application has been adjudicated upon under Rule 98 or Rule 100, the order made thereon shall have the same force and be subject to the same condition as to an appeal or otherwise as if it were a decree.

For such reason, this Court is not inclined to entertain this civil revisional application.

At this stage Mr. Chakraborty, learned advocate appearing for the decree holder/opposite parties submits that in the meantime decree has already been executed and the possession has been taken.

The copy of the bailiff report filed in Court today is already on record.

This order however shall not preclude the petitioner from taking appropriate steps in accordance with law.

With the above observations, C.O. 2802 of 2025 stands disposed of.

No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)