SIMEA CHANDRA MONDAL Vs. GHISU LAL MONDAL
HIGH COURT OF CALCUTTA
SIMEA CHANDRA MONDAL
GHISU LAL MONDAL
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(1.) THIS is a revisional application at the instance of the heirs and legal representatives of one of the defendants judgment debtors in 0. C. Execution case No. 15/78 of the court of the Ld. Subordinate Judge, Malda. The order impugned is one dated March 19, 1982 passed by the Id. Subordinate Judge dismissing a petition filed on behalf of the petitioners under sections 151 and 152 of the code of Civil Procedure.
(2.) IN the aforesaid execution case the plaintiffs put a final decree for partition into execution for delivery of possession with the help of a Pleader-Commissioner. Such delivery having been effected by the Pleader-Commissioner, he submitted report and the executing court by its order dated September, 16, T981 disposed of the execution case, obviously, on full satisfaction.
(3.) SHORTLY thereafter, the present petitioners filed an application on September 24, 1981, praying for an opportunity to be given to them to file an objection against the Commissioner's report. But the said. application was dismissed by the Id. Judge in the executing court by an order bearing no. 64 dated September 24,1981, on the ground that, since the execution case itself as already been disposed of, such a prayer could not be granted. Immediately thereafter, the present petitioners, filed an application under sections 151 and 152 of the code out of which the present revisional application arises. In this application an objection was raised on their behalf to the effect that although the allotment was made in the final decree drawn up on compromise between the parties with reference to the c. S. records, the Ld. Commissioner in delivering possession proceeded to so on the basis of revisional record of rights without relying the R. S. maps with the C. S. maps. As a result it was claimed that the commissioner arbitrarily delivered possession of more lands to the plaintiffs than it was due to them in terms of the final decree.;
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