10th November,

2025 (AK)

F.M.A.T 389 of 2025 IA No: CAN 1 of 2025

Dharamshila Debi

Vs.

Sri Ramkumar Singh and others

Mr. Partha Pratim Ray

Mr. Partha Sarathi Chatterjee

Mr. Debayan Roy

...for the appellant.

1. The present appeal has been preferred against an

order (deemed decree) whereby the appellant’s application under Order XXI Rule 58 of the Code of

Civil Procedure was dismissed.

2. Learned counsel for the appellant submits that the

learned Trial Judge failed to take into consideration that the present appellant/judgment resistor and her husband, the judgment debtor, purchased respective shares of the decretal property from the

vendor.

3. It is submitted that whereas the money decree

sought to be executed was passed in respect of the portion of the property/share purchased by the judgment debtor/husband, in the tabular statement filed in the execution case, the decree-

holder has also sought consequential recovery of possession of the property.

4. It is argued that in the absence of any demarcation between the shares of the present appellant and the judgment debtor/husband, there is every possibility that in the garb of possession, the share of the present appellant/judgment resistor would also