Taherbhai vs M. Emdadul Haque - 2024 Supreme(Cal) 282

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2024 Supreme(Cal) 282

SHAMPA SARKAR
Taherbhai – Appellant
Versus
M. Emdadul Haque – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Aniruddha Chatterjee Mr. Daanish Haque Mr. Zeeshan Haque Mr. Younus Sultan
For the Opposite Party : Mr. Tarak Nath Halder

JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated February 17, 2024, passed by the learned Additional District Judge 2nd Court, Sealdah, District-South 24 Praganas, in Misc. Appeal No. 4 of 2024.

2. The Misc. appeal was filed by the petitioner, being aggrieved by an order dated January 4, 2024 passed by the Learned Civil Judge, Junior Division, 2nd Court at Sealdah in Misc. Case No. 25 of 2010. Misc. case No. 25 of 2010 was an application under Order 21 Rule 97 of the Code of Civil Procedure. The learned executing court allowed execution of the decree through police help.

3. By the order impugned, the learned appellate court rejected an application for stay, filed in connection with the Misc. appeal. The application for stay was filed by the petitioner/judgment debtor/appellant, for stay of the proceedings in Title Execution Case No.42 of 2004, till disposal of the miscellaneous appeal.

4. The points taken in the stay application were that, the decree passed in Title Suit No. 393 of 1984 dated April 30 2024 suffered from lack of jurisdiction and was a nullity. The executability of the degree had already been questioned in the executing court. The de