Suparna Bagchi (Ganguly) and Anr v. Aslam Hakim and 2 Ors

ORDER Date : 16.09.2024

¶1Heard 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.

¶2This 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.

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

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

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

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

¶7This 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 Page No.# 3/3 judgment where the concerned Circle Officer was directed to identify the path of 286 ft. X 13 ft. with the excess land indicated in the impugned judgment, the execution of the direction passed by the First Appellate Court in paragraph No.

(B) of the order in connection with the impugned judgment is hereby stayed till the pendency of the connected Regular Second Appeal.

¶8With the above observation, this interlocutory application is disposed of.

JUDGE Comparing Assistant

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