CASH REGISTER CO P LTD Vs. SURAJ NARAYAN SHAW
LAWS(CAL)-2002-8-7
HIGH COURT OF CALCUTTA
Decided on August 09,2002

CASH REGISTER CO (P) LTD Appellant
VERSUS
SURAJ NARAYAN SHAW Respondents

JUDGEMENT

N.C.Sil, J. - (1.) This revisional application under section 115 of the Code of Civil Procedure is directed against the judment and order dated 21.3.2002 passed by Shri R.K. Dey, learned Judge, City Civil Court, VIIth Bench in connection with Misc. Case No. 1332 of 2001 arising out of Title Execution Case No. 50 of 2000.
(2.) It appears from the impugned order that as many as three applications were filed by the petitioner/judgment-debtor before the learned lower Court. In one application under section 47 of the Code of Civil Procedure the petitioner prayed for stay of all further proceedings of Title Execution Case No. 50 of 2000. In other application under Order 39 Rules 1 and 2 of the Code the petitioner prayed for temporary injunction against the O.P.s/decree-holders and in application under section 151 of the Code of Civil Procedure the petitioner prayed for stay of all proceedings of the said Title Execution Case number. After hearing both the parties the learned Judge rejected all the three applications.
(3.) It appears from the record that the O.Ps. got a decree in title suit No. 1323 of 1981 on 29.4.1985 against which the petitioner preferred an appeal before the High Court and the said appeal being Nos. FAT 2630 of 1985 and F.A. No. 121 of 1997 was dismissed. Thereafter the petitioner preferred as many as two S.L.Ps. before the Hon'ble Apex Court one against the dismissal of appeal by the High Court and the other against the dismissal of the review application by the High Court. After hearing both the parties, both the S.L.Ps. were dismissed by the Hon'ble Apex Court.;


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