judgment

Dr. ARIJIT PASAYAT, J. —

1.Challenge in these appeals is to the order passed by a Division Bench of the Calcutta High Court in an appeal which was directed against the order of the learned Single Judge dated 23.3.2000. By the said order, the learned Single Judge in that application for execution appointed Receiver for realization of commercial charges and consolidated rates and taxes in terms of prayer (e) of column 10 of the tabular statement. The order was passed on 9.2.2000 wherein it was recorded in terms of earlier order dated 18.5.1999 that the judgment debtor did not pay any instalment and in that view the decree dated 13.10.1982 had become executable. The second order dated 9.2.2000 was not challenged in any proceedings. The application was made by the tabular statement before the learned Single Judge for execution of the decree dated 13.10.1982. The said decree was passed by consent of the parties and parties filed their terms of settlement in the Court on the basis of which the said consent decree was made. The decree was subsequently modified by consent of parties by order dated 26.4.1990 and subsequently the decree was transferred by the then decree-holder in fav