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2025 Supreme(Cal) 422

IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Ambe Plywoods Private Limited – Appellant
Versus
Engineers Service Station – Respondent


Advocates Appeared:
For the Appellants : Krishnaraj Thaker, Suddhasatva Banerjee, Sagnik Majumdar, Shreya Ghosh Dastidar, Aurin Chakraborty, Devdas Saha
For the Respondents: Satki Nath Mukherjee, Tanmoy Mukherjee, Aditi Kumar, Abirlal Chakraborti, S. Chatterjee

JUDGMENT :

SHAMPA SARKAR, J.

1. Despite service, none appeared for the Opposite Party No. 2.

2. In this revisional application, the petitioner/decree holder has assailed the order dated September 25, 2025, passed by the learned Civil Judge (Senior Division), 2nd Court at Alipore, South 24 Parganas, in Misc. Case No. 211 of 2025. The Misc. case arose out of Title Execution Case No. 8 of 2025. The order had been challenged on the ground of perversity, arbitrariness and wrongful exercise of jurisdiction. By the order impugned, the learned executing Court had granted an ex parte ad interim order of injunction, restraining the decree holder from creating any disturbance in the possession of the opposite party no. 1 over the decretal property. The order was passed in an application under section 151 of the Code of Civil Procedure filed by the opposite party No. 1. The opposite party No. 1 had filed a Misc. Case in the execution proceeding under Order 21 Rules 97, 98, 101 and 103 read with Section 47 of the Code of Civil Procedure.

3. It was urged by Mr. Thaker, learned Senior Advocate for the petitioner that the application was not maintainable at the instance of the opposite party No. 1. Th

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