ORDER

16.09.2024 Date :

1. Heard Mr. D. Mazumder, learned senior counsel assisted by Mr. G. R. Dutta, learned counsel for the applicants. Also heard Mr. I. Rafique, learned counsel for the respondents.

2. This interlocutory application has been filed under Order- XLI Rule- 5 of the Code of Civil Procedure, 1908, praying for suspension of the execution of the impugned judgment and decree dated 04.08.2018 passed by the learned First Appellate Court in Title Appeal No. 10/2014.

3. The applicant herein has filed a connected Regular Second Appeal which has been registered as RSA No. 126/2024.

4. I have heard the learned counsel for the parties.

5. The learned counsel for the respondents has also submitted that no execution case has yet been filed by any of the parties.

6. As Mr. Rafique, learned counsel has appeared for the opposite parties, no formal notice need to be issued to the respondents.

7. This Court is of considered opinion that as presently no execution case has been filed, however, considering the nature of order passed by the learned First Appellate Court at paragraph No. (B) of the order passed in the impugned judgment where the concerned Circle Officer was directed to identify th