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2006 Supreme(Gau) 964

A.B.PAL
Pannalal Ghosh – Appellant
Versus
Sudhir Chandra Nag – Respondent


JUDGMENT

A.B. Pal, J.

1. This civil revision petition has arisen from the order dated 30.6.1999 passed by the Civil Judge, Senior Division, Kailashahar, North Tripura in Miscellaneous Case No. 12/1998 in connection with 3 EX(T)/1992. By the said order which has been impugned in the present revision, the objection of the judgment-debtors under Section 47 of the Civil Procedure Code with regard to executability of the decree passed in Title Suit No. 98/1952 by learned Munsiff, Kailashahar has been allowed with the conclusion that the said decree cannot be executable.

2. A brief narration of the material facts may be noticed at the outset.

(i) One Akhil. Chandra Ghosh (the predecessor in interest of the petitioners herein) instituted Title Suit No. 98/1952 against one Sudhir Chandra Nag and 13 others, the respondents herein for declaration of title and recovery of possession by evicting the defendants from the suit lands appertaining to kayami taluk Nos. 37, 37/1, 37/2 and 37/3. The said suit was decreed by the learned Munsiff, Kailashahar, North Tripura on 10.3.1966 declaring that the plaintiffs (Akhil Chandra Ghosh died during pendency of the suit, whereupon his legal heirs were substit











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