SUJOY PAUL
Toran Singh – Appellant
Versus
Imrat Singh – Respondent
1. In his petition filed under Article 227 of the Constitution, the petitioner has challenged the order dated 12.7.2007(Annexure P-5), whereby the execution proceedings are closed by the Court below.
Brief facts necessary for adjudication of this matter are as under :
(1) The petitioner filed a suit for declaration and permanent injunction against the respondents. The said suit was registered as Case No.57-A/1995. The Court below decided it by judgment dated 22.4.1999 (Annexure P-1). The Court below declared the petitioner as “Bhumiswami” of land in question and issued a permanent injunction in favour of the petitioner restraining the respondents with the direction that they shall not interfere in the possession of the petitioner. The respondents assailed the said judgment by filing an appeal No.66-A/1999. The appellate Court affirmed the order passed by the trial Court. The respondents unsuccessfully assailed it by filing second appeal before this Court which was registered as Second Appeal No.14/2000. The second appeal was dismissed by Annexure P-3.
2. The petitioner filed an application for execution of decree on 19.5.2007 (Annexure P-4). The respondents filed their reply, An
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