PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of the decree-holder and is filed against the Order No.186 dated July 20,2012 passed by the learned Civil Judge (Junior Division), 1st Court, Midnapore in Title Execution Case No.6 of 1996 thereby staying all further proceedings of the said title execution case till the disposal of the Title Suit No.160 of 1998 pending before 1st the learned Civil Judge (Senior Division), Court, Mindapore.
(2.) IN the year 1989, the plaintiff / decree-holder / petitioner herein instituted a suit being Title Suit No.226 of 1989 against the judgment debtor praying for declaration of right, title, interest and possession over the suit property and other consequential reliefs. The defendant / opposite party no.1 contested the said suit denying the material allegations raised in the plaint. The said suit was decreed on contests on January 31, 1996. Thereafter, the decree-holder filed the aforesaid Title Execution Case No.6 of 1996 for execution of the decree obtained in the said suit. The defendant / opposite party no.1 preferred an appeal being Title Appeal No.45 of 1996 before the learned Additional District Judge, 1st Court, Midnapore and the said title appeal was also dismissed on contests with costs on September 15, 2000 affirming the judgment and decree passed by the learned Trial Judge in the said title suit.
(3.) THEREAFTER , the defendant / opposite party preferred a second appeal being S.A. No.23 of 2006 also against the judgment and decree of the Appellate Court and the said second appeal was also dismissed on contests thereby affirming the judgment and decree passed by the Courts below.;