STAR DIESEL SERVICE Vs. GOUR CHANDRA BERA
LAWS(CAL)-2019-1-155
HIGH COURT OF CALCUTTA
Decided on January 24,2019

Star Diesel Service Appellant
VERSUS
Gour Chandra Bera Respondents

JUDGEMENT

SABYASACHI BHATTACHARYYA,J. - (1.) Learned counsel for the petitioner, who is the decree-holder in a suit for permanent injunction, has preferred the present challenge against an order, whereby the executing court refused to allow the petitioner's prayer for breaking open the padlock in execution of such decree, primarily on the ground that by such putting the padlock, the decree-holder has been dispossessed and such possession cannot be restored in the execution case under Order XXI Rule 32(5) of the Code of Civil Procedure.
(2.) Learned counsel for the petitioner submits that the said approach was entirely de hors the law and the executing court had ample power to direct breaking open of the padlock in order to give effect to the decree for permanent injunction.
(3.) Such contentions are controverted on behalf of the judgment-debtor/opposite party. Learned counsel for the opposite party submits that the opposite party already filed an eviction suit against a third party to the present proceeding and had obtained an order of injunction in such suit restraining the defendant therein form sub-letting the suit property. It is, further, submitted that the present petitioner sought to implead himself as a party to the said suit. However, learned counsel for the opposite party failed to satisfy this Court that any form of challenge has been preferred against the present decree for permanent injunction and/or that any interlocutory application has been filed in connection with the execution case by the opposite party, urging his rights. ;


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