Mamina Khatoon And ORS v. Md Awez Khadim And ORS

25.03.2026 Ct. No. 30 SL No.03 MKP CO 4111 of 2024 With CAN 1 of 2025 Mamina Khatoon And Ors.

Vs.

Md. Awez Khadim And Ors.

Mr. Bidhayak Lahiri Ms. Bhaswati Lahiri Mr. Pradip Kumar Ghosh ..................for the Petitioner Ms. Pinaki Ranjan Mitra Ms. Gargi Acharyya ......for the Opposite party nos.1 & 2.

1. The civil revision along with CAN application is taken up for hearing.

2. The revisional application has been preferred challenging an order dated 13.11.2024, passed in Misc.Case No.151 of arising out of Ejectment Execution Case No.91 of 2023, in the Court of the Learned 6th Judge, Presidency Small Causes Court.

3. Vide the impugned order, the Trial Court allowed an application under Section 151 CPC by which the plaintiff/opposite party, prayed for police help.

4. It appears from the impugned orders that the Court was also aware of the compromise decree in the suit.

5. The Court recorded the formal objection of the opposite party/petitioner herein, which the petitioner submits that they have strong objection to the execution of the said decree, for which order for police help has been passed and the Trial Court has wrongly recorded that it is only a formal objection.

6. The Learned Counsel for the opposite party submits that the execution case before the Trial Court may proceed and they undertake not to execute the said decree against the petitioners herein, and the said fact has been stated by way of the CAN application.

7. Accordingly, the Civil Revision stands disposed of with liberty granted to the parties herein, to approach the Trial Court, in the execution case, as per the undertaking given by the Learned Counsels before this Court. The Trial Court to proceed in accordance with law.

8. The civil revision stands disposed of.

9.

Applications, if any, connected thereto stand disposed of consequently.

10. Interim order, if any, stands vacated.

11. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]