JUDGMENT :

(DEVASHIS BARUAH, J.)

Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the petitioners and Mr. B. K. Sen, the learned counsel who appears on behalf of the respondent No.2.

2. The manner in which the learned Executing Court had exercised its jurisdiction in the Execution Case No.01/2016 shocks this Court, and as such, the instant proceedings is taken up for disposal at the stage of motion itself.

3. This Court also takes into account that the respondent Nos.1 & 2 herein have jointly filed an application under Section 47 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) and the said application was filed on the basis of an affidavit filed by the respondent No.2. This Court finds no necessity of issuance of notice upon the Respondent No.1 as the same would only delay the execution proceedings unnecessarily and the interest of the Respondent No.1 is duly protected by the Respondent No.2 who is on caveat.

4. It is seen from the materials on record that the learned Coordinate Bench of this Court in RSA No.07/2001 decreed the suit in favour of the plaintiffs in so far as Schedule 4 is concerned. Pa