IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O.441 of 2023 Sri Arun Kumar Jindal & Anr.

VS.

Smt. Rajni Poddar & Ors.

For the Petitioner :Mr. Subhasis Sarkar, Adv.

Mr. Subrata Bhattacharjee, Adv.

Mr. Bikramjit Mandal, Adv.

Mr. Sk. Mustafi Rahaman, Adv.

For the Opposite Parties :Mr. Chayan Gupta, Adv.

Mr. Rittick Choudhury, Adv.

Mr. Shoham Sanyal, Adv.

Last Heard On :13.01.2025 Judgement On :29.04.2025 Bibhas Ranjan De, J. :

1. Challenge in the instant revision is the order no. 39 dated

11.01.2022 passed by Ld. Additional District Judge, 6^th Court, Alipore, South 24 Parganas wherein the application filed at the behest of the petitioner under Section 47 of the Code of the Civil Procedure (hereinafter referred to as CPC) was dismissed.

2. The fact of the case in a nutshell is to the effect that one Radha Krishan Poddar, the predecessor in-interest of the decree holder had instituted an execution proceeding which was registered as Execution Case no. 9 of 2002 in order to execute the award dated 22.12.2001 passed in the arbitral proceedings. But, on 24.08.2014 the original award holder passed away and the opposite parties herein being the legal heirs of the original a