JYOTIRMAY BHATTACHARYA,J. - (1.) Two First Miscellaneous Appeals were filed by the appellant herein challenging the common judgment and order being No.67 dated 26th April, 2010, passed by the learned Judge 7th Bench, City Civil Court at Calcutta by which two miscellaneous cases being Misc. Case No. 3450 of 2006 and Misc. case No. 3117 of 2006, both arising out of Title Suit No. 1692 of 2003, were allowed by the learned Executing Court.
(2.) The appeal being FMA No.968 of 2010 arises out of the judgment and order passed by the learned Executing Court in Misc. case No.3450 of 2006. The other appeal being Misc. case No. 969 of 2010 is directed against the judgment and order being No.67 dated 26th April, 2010 passed by the learned Executing Court in the Misc. case No. 3117 of 2006. The appellant is common in both the appeals. The judgment debtor/respondent No.2 is also common in both the appeals. The third party objectors/respondents are not common. In one of such appeals the third party objector was M/s. Expo International and in the other appeals the third party objector was M/s. Calcutta Trade Syndicate being a proprietorship concern of Smt. Ushashree Modi.
(3.) Since common question of law and facts were involved in both the aforesaid miscellaneous cases, both the aforesaid Misc. cases were tried analogously and by a common judgment and/or order, both the aforesaid Misc. cases were disposed of. Since common question of fact and law are involved in these two appeals, we have decided to dispose of both these appeals by a common order. Accordingly, we have heard the learned Counsel of both the appeals simultaneously one after another. ;