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2018 Supreme(Cal) 450

SABYASACHI BHATTACHARYYA
Usha Holding Enclave Pvt. Ltd. – Appellant
Versus
Indira Majumder – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Aniruddha Chatterjee, Mr. Surya Prasad Chattopadhyay
For the Respondent: Mr. Jayanta Kumar Mitra, Mr. Samit Talukdar, Ms. Hashnuhana Chakraborty, Ms. Shebatee Dutta, Mr. Ranjit Kumar Basu, Mr. Utpal Majumdar, Mr. Abhishek Banerjee, Mr. Hiranmay Bhattacharya, Mr. Suman Dey

JUDGMENT :

1. The present revisional application is the story of a class struggle between an application under Order XXI Rules 97 to 101 of the Code of Civil Procedure and a regular civil suit.

2. The decree holder/petitioner and proforma opposite party nos. 3 to 9 instituted a suit against the predecessor-in-interest of proforma opposite party nos. 10 to 12, bearing Ejectment Suit No. 58 of 2007, which was decreed in favour of the petitioner, upon which the petitioner levied execution, thereby giving rise to Title Execution Case No. 47 of 2008.

3. The present opposite party nos. 1 and 2 filed in the said execution case an application under Order XXI Rules 97 to 101 of the Code of Civil Procedure, which was registered as Miscellaneous Case No. 773 of 2010, thereby claiming independent ownership rights in respect of the suit property.

4. The judgment resistors/opposite party nos. 1 and 2 filed, in connection with the said miscellaneous case, an application for injunction restraining the decree holders and their men and agents from causing any obstruction and interference in the matter of peaceful occupation and enjoyment of the judgment resistors and their family members in the suit pro








































































































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