Prasenjit Mandal, J. - (1.) THIS application is at the instance of the decree-holder and is directed against the Order No.70 dated August 25, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Serampore, Hooghly in Misc. Case No.26 of 2011 thereby allowing an application under Section 47 of the Civil Procedure Code (henceforth shall be called 'CPC') filed by the judgmentdebtor.
(2.) THE short fact is that the decree-holder/petitioner herein brought decree of declaration of easement right in respect of air and light over 'Kha' and 'Kha-1' Schedule property and permanent injunction restraining the defendants from constructing brick wall in the 'Kha' Schedule property. THE defendants/opposite party herein were also directed to remove the broken brickbats Standing on 'Kha-1' Schedule at their own cost. THE decree was put in execution by filling the execution application being Title Execution Case No.22 of 2003. In that application for execution, the judgment-debtor filed an application under Section 47 of the CPC contending, inter alia, that the decree-holder cannot go beyond the decree obtained in the suit and as such prayer for police help as granted earlier should be recalled. That application under Section 47 of the CPC was allowed by the impugned order. Being aggrieved, this application has been preferred. Upon hearing the learned Advocate for the petitioner and on going through the materials-on-record, I find that the learned Executing Court has rightly observed that the decree-holder cannot go beyond the scope of the decree as passed in the Title Suit. The decree that has been passed, has been stated above. The plaintiff has filed the application for execution praying for removal of the construction upon 'Kha-1' of the Schedule property with the help of police. The prayer for police help was granted. At that time, the application under Section 47 was filed and that application was allowed by the impugned order. By filing the application for execution, the decree-holder has wanted the relief for removal of the construction standing upon 'Kha-1' Schedule property but this is not the decree obtained by the decree-holder in the said title suit. Accordingly, the learned Executing Court has rightly observed that the decree-holder cannot go beyond the decree and so, the relief as sought for demolition of the wall with the help of the police was recalled. I do not find that the learned Trial Judge has committed any irregularity or illegality in passing the impugned order. The impugned order also does not suffer from any error of law. Accordingly, there is no scope of interference with the impugned order. The relief as sought for cannot be granted. I have no other alternative but to dismiss this application.
(3.) ACCORDINGLY, the revisional application is dismissed. Considering the circumstances, there will be no order as to costs. Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.;