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2010 Supreme(Cal) 673

P.S.DATTA
Sk. Mansur Ali – Appellant
Versus
Md. Ejahar Hussain – Respondent


Advocates Appeared:
Jiban Ratan Chatterjee, R.Chatterjee, Srikumar Sinha, Bidyut Banerji, G.K. Thakur

JUDGMENT

P. S. Datta, J.

1. THE order dated 1.10.07 passed by learned Civil Judge, Islampur in the district of Uttar Dinajpur in Title Execution Case No. 11/95 allowing the petition of the opposite party decree holder praying for police help for execution of the decree is- under challenge.

2. ON 2.1.2007 the decree holder filed a petition before the learned Executing Court complaining that the decree could not be executed in spite of issuance of writ of delivery of possession on account of obstruction having been put by the judgment debtor for execution of the writ. As such police assistance was proved for execution of the writ. In the petition it was inter alia stated that the obstruction to the execution of the decree was being made on the basis of the wrong LR plot number in the decree. It has been averred further that the point of objection of the judgment-debtor as to mention of the wrong LR plot number was resolved by the learned Court under Order No. 76 dated 22.1.03 wherein the Court held that mention of the wrong LR plot number was of no consequence since the decree mentioned the correct RS plot number 729 with the boundary of the land. The judgment-debtor had put in a writt




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