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2015 Supreme(Tri) 187

S.TALAPATRA
Khokan Candra Dey – Appellant
Versus
Bibha Rani De – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. Deb, Mr. B. Debnath
For the Respondents: Mr. K.N. Bhattacharji, Mr. S. Acharji

Order

Heard Mr. S. Deb, learned senior counsel, assisted by Mr. B. Debnath, learned counsel appearing for the petitioner as well as Mr. K.N. Bhattacharji, learned senior counsel, assisted by Mr. S. Acharji, learned counsel appearing for the respondents.

2. This is a petition under Article 227 of the Constitution of India, challenging the legality of the order dated 23.09.2013 passed by the executing court, the Civil Judge, Jr. Division, Dharmanagar, North Tripura, in Case No. Misc.66/2012, arising from Execution (T) No.02/2012.

3. Mr. Deb, learned senior counsel appearing for the petitioner, the judgment-debtor, while introducing the fact, has asserted that the petitioner out of apprehension that the decreetal premises/land is not the place where the decree-holders are carrying on their business, approached the executing court.

4. The judgment-debtor filed the objection under Section 47 read with Section 151 of the CPC for urging that the decreetal land be identified scientifically by appointing the Survey Commissioner so that his land, not attracted by the decreetal land, is not in anyway got affected in the execution proceedings. By the impugned order such prayer has been rejected.

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