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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Md. Izhaar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. factual background of eviction decree and execution (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding identity of decreetal property (Para 6 , 7) |
| 3. court's refusal to delay execution due to other suit (Para 8 , 9 , 10 , 11) |
| 4. authority under article 226 to enforce civil court's orders (Para 12 , 13 , 14) |
| 5. final order and directions for execution compliance (Para 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
(Hiranmay Bhattacharyya, J.)
1. This appeal is at the instance of a judgement-debtor/resistor challenging an order dated March 20, 2023 passed by a learned Single Judge in W.P.A. 5402 of 2023.
2. By the order impugned, the authorities of the Shibpur Police Station was directed to deploy appropriate police force on the date and time mentioned in the said order. The bailiff of the Civil Court was also directed to deliver possession, as ordered by the Civil Court on the date and time mentioned in the said order.
3. The 5th respondent along with Tapeshwar Chowdhury and Maheshwar Chowdhury filed a suit being Title Suit No.546 of 2019 before the learned Civil Judge (Senior Division), 3rd Court at Howrah. The said suit was decreed ex parte on September 29, 2021. The decree wa
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