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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Ganga Bohra – Appellant
Versus
Sourav Roy – Respondent
| Table of Content |
|---|
| 1. factual background of the property dispute. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. court's dismissal of the appellant's application. (Para 8 , 9) |
| 3. arguments regarding maintainability of the application. (Para 10 , 11 , 12 , 13 , 14) |
| 4. counterarguments by the respondent. (Para 15 , 17 , 59 , 60) |
| 5. legal analysis of executor's rights under the succession act. (Para 19 , 32 , 34 , 40 , 46 , 55) |
| 6. conclusion to remand for re-adjudication. (Para 64 , 65 , 66) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred by the judgment resistor in Title Execution Case No. 12 of 2023 against an order whereby her application under Order XXI Rules 97 to 101 of the Code of Civil Procedure (CPC) was dismissed as not maintainable.
2. The brief facts of the case are as follows:
3. A property situated in Salt Lake (Bidhannagar), in the proximate suburbs of the city of Kolkata, is the subject-matter of the present lis. A registered deed of lease was executed in respect of the suit property by the State of West Bengal in favour of one Sunil Kumar Roy (since deceased) on September 26, 1972. The said Sunil Kumar Roy entered into a tenancy agreement with two companies, name
An executor has the right to object to eviction proceedings regardless of the probate status of the Will, ensuring protection of the testator's estate, per the provisions of the Indian Succession Act....
A third party claiming under a judgment debtor cannot file an application under Order XXI Rule 97; they must file under Rule 99 instead.
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
The court affirmed that mere interest in property does not grant standing to object in execution proceedings if title has been conclusively determined.
A subsequent purchaser cannot assert rights against a prior decree holder, as established by the doctrine of lis pendens under Section 52 of the Transfer of Property Act.
An executor derives legal authority from a Will upon the testator's death, allowing a substituted plaintiff with vested interests under the Will to pursue litigation, regardless of the pending probat....
The court established that a suit seeking similar relief to an ongoing execution proceeding under Order 21 Rule 97 CPC is not maintainable, emphasizing the exclusive jurisdiction of the executing cou....
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