- (1.) The petitioners have challenged the Order no. 197 dated April 4, 2014 passed by the Learned Civil Judge (Senior Division), 2nd Court, Paschim Midnapore in J. Miscellaneous Case No. 13 of 1991.
(2.) Brief facts leading to the instant case is that the suit property originally belonged two brothers namely, Mukteswar Pradhan and Sarbeswar Pradhan. They took loan of Rs. 15,000/- from the Contai Co-operative Bank Ltd. Contai Main Branch by mortgaging the suit property on execution of mortgage karbarnama dated 04.12.1961. Mukteswar Pradhan and Sarbeswar Pradhan did not repay the said loan amount for which Contai Co-operative Bank Ltd. filed a Mortgage Execution Case No. 17 of 1966 on the basis of award of Dispute Case No. 123/C of Contai 1964-65 passed by ARCS against the father of the petitioners and Sarbeswar Pradhan. On receipt of the said notice, they appeared on 17.4.1967 and prayed for time for one month to pay the award amount dues but the learned Court rejected the prayer and date fixed for confirmation of sale on 19.5.1967.
(3.) Thereafter, on 18.5.1967 Mukteswar Pradhan and Sarbeswar Pradhan filed an application under Order 21 Rule 90 for setting aside the sale dated 17.4.1967 in Mortgage Execution Case No. 17 of 1966 which was registered as J. Misc. case No. 36 of 1967 and also filed a stay petition to stay the Mortgage Execution Case No. 17 of 1966 till disposal of J. Misc. Case No. 36 of 1967. The learned Trial Judge allowed the prayer for stay of the Mortgage Execution Case No. 17 of 1966 till disposal of J. Misc. Case No. 36 of 1967. Thereafter, said J. Misc. Case No. 36 of 1967 was disposed of on the basis of solenama filed by the parties who failed to repay the award money in terms of the solenama. So, the learned Court confirmed the sale in Mortgage Execution No. 17 of 1966 in presence of both parties on 06.01.1968 and delivery of possession was duly executed on 11.11.1971.;