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1997 Supreme(Gau) 71

A.K.PATNAIK
Raj Kishore Saha – Appellant
Versus
Panna Lal Ghosh – Respondent


Advocates Appeared:
D.Chakraborty, S.Deb, P.Chakraborty, R.B.Sinha

These two civil revisions are directed against a comrnoni judgment and order dated 27.3.95 of the learned Munsiff, Kailashahar, North Tripura, passed in Civil Misc Case No.26 of 1989 and Civil Misc Case No. 1.1 of 1990 extending the period of execution of the decree dated 12.2.63 in TrdevSuit No.47 of 1962 and decree dated 28.10.65 in Tide SuitNo.48 of 1962upto 8.7.89 and 12.9.90 respectively.

2. The facts, as recorded in the impugned judgment of the learned Munsiff, are that Title Suit No.47 of 1962 was instituted by one Akhil Chandra Ghosh against the petitioner in Civil Revision No.25 of 1995, Sri Rajkishore Sana, for declaration of title, recovery of possession and for mesne profit and was decreed exparte on 12.2.63. Title Suit No.48 of 1962 was instituted by the said Akhil Chandra Ghosh against Smti Promodini Deb, the petitioner in Civil Revision No.26 of 1995, for declaration of title, recovery of possession and for mesne profit and was decreed exparte on 28.10.65. No execution proceedings were initiated for execution of the said two decrees within the respective periods of limitation. After expiry of the period of limitation, however, Execution (T) No. 9/89 was filed by the l












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