The jurisdiction of the Executing Court over questions of right, title, or interest in a decreetal property is paramount and must be resolved through appropriate procedures in the Code of Civil Procedure.

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, 6^th 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 further submits that the opposite parties are well aware that the petitioner is running a restaurant business in the decreetal property since long.

Mr. Chattopadhyay, learned advocate appearing for the opposite parties seriously disputes the submission made by the learned advocate for the petitioner. He submits that the petitioner is not in possession of the decreetal property. He submits that the petitioner could not produce any documents in relation to the decreetal property. He submits that the learned judge of the executing court was right in rejecting the ad interim prayer for stay.

Heard the learned advocates for the respective parties and perused the materials placed.

After going through the civil revision application, this Court finds that the petitioner has produced several documents in support of their claim that they are in possession of Premises No.7/1A, AJC Bose Road and is carrying on business under the name and style Sher-E- Punjab. Mr. Chattopadhyay would contend that the said document does not bear the shop room number. However, the fact remains that the documents annexed to this civil revision application which were part of the record before the learned Executing Court goes to show that at Premises No.7/1A, AJC Bose Road a restaurant business under the name and style M/s. Sher-E-Punjab is being running. As to whether the said business is run from the decreetal property or from any other portion of Premises No.7/1A, AJC Bose Road, Kolkata-700017 cannot be decided at this stage.

The opposite party Nos.1, 2 and 3 filed a suit for eviction claiming that that the opposite party No.4 was a trespasser in respect of two shop rooms bearing shop room Nos.18 and 19. The petitioner herein claims to be in possession of the decreetal property.

Order 21 Rule 101 of the Code of Civil Procedure states that all questions including questions relating to right, title or interest in the property arising between the parties to a proceeding on an application under Rule 97 or Rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.

Order 21 Rule 103 of the Code states that where any application has been adjudicated upon under Rule 98 or Rule 100, the order made thereon shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree.

Thus, it is evident that during pendency of an execution application, a third party claiming right, title or interest in respect of a decreetal property has to approach th