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2018 Supreme(Gau) 1133

KALYAN RAI SURANA
Central Bank of India Ulubari Branch – Appellant
Versus
Kalinath Roy – Respondent


Advocates Appeared:
G.P. Bhowmik, Adv., S. Roy, Adv., D. Saud, Adv., P. Chetia, Adv., V.K. Dewan, Adv., R.J. Bordoloi, Adv., Rubul Ali, Adv., M. Sharma, Adv., A. Saikia, Adv.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. G.P. Bhowmik, the learned senior counsel assisted by Ms. M. Kalita, learned counsel appearing for the petitioner as well as Mr. R. J. Bordoloi, the learned counsel appearing for the respondent.

2. By this application under Section Article 227 of the Constitution of India, the petitioner has challenged the order dated 28.02.2017 passed by the learned Civil Judge, No. 3, Kamrup (Metropolitan), Guwahati, thereby allowing petition No. 1127/2015 filed by the respondent under Order XXI Rule 37 CPC.

3. The effect of the order is that the learned Civil Judge No. 3, Kamrup, Guwahati acting as an executing Court in connection with T.Ex. No. 15/2013, issued a direction to the Chief Manager and the Manger of Central Bank of India, Ulubari Branch to appear and to show cause as to why they should not committed to civil prison for not handing over decreetal gold and gold ornaments etc. to the respondent decree holder, and the case was fixed for personal appearance of the Chief Manager and Manager of the said bank.

4. The learned senior counsel for the petitioner has submitted that the respondent-plaintiff in Title Suit No. 346/2003, by which prayer for dec






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