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2025 Supreme(Online)(Cal) 3983

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
George Clayton Dixon & Anr. – Appellant
Versus
Kaushalya Rani Charity Trust & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rohit Das, Mr. Indradip Das, Mr. Anugraha Sundas
For the Respondents: Mr. Supriyo Chattopadhyay, Mr. Sudip Kumar Maity, Ms. Debosri Chatterjee
For Opposite Party No. 4: Mr. Santosh Kumar Pandey

Mr. Rohit Das Mr. Indradip Das Mr. Anugraha Sundas …for the petitioners Mr. Supriyo Chattopadhyay Mr. Sudip Kumar Maity Ms. Debosri Chatterjee ….for the opposite parties Mr. Santosh Kumar Pandey ….for the opposite party No.4/caveator This application under Article 227 of the Constitution of India is at the instance of a third party/applicant in a miscellaneous case under Order 21 Rule 97 to 101 of the Code of Civil Procedure and is directed against an order dated June 26, 2025 passed by the learned Judge, 6th Bench, City Civil Court at Calcutta in Miscellaneous Case No.7608 of 2025 arising out of Title Execution Case No.10 of 2025.

By the order impugned the prayer for ad interim stay of all further proceedings of the title execution case stood rejected.

The learned advocate appearing for the petitioners submits that the petitioner is running a restaurant business in the decreetal property after obtaining requisite licenses from various authorities. He submits that the opposite party Nos.1, 2 and 3 herein obtained a collusive ex parte decree against the opposite party No.4 and in the garb of executing the said decree is trying to oust the petitioner from the decreetal property. He

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