S.K.Datta, J. - (1.) The respondent No. 1 Binani Properties (P) Ltd. obtained a decree for recovery of possession on 11th June, 1959 against the appellant and others in respect of the suit premises, The seid decree was affirmed on appeal on 18th April, 1969. On 10th October, 1969 a fresh application for execution of the said decree was filed by the plaintiff decree-holder and on that application Mr. Justice Ghose passed an order on 20th November, 1970 directing that the Sheriff of Calcutta would, in the mode prescribed under Order XXI Rule 35 (1) and (3) of the Code of Civil Procedure put the plaintiff respondent no. 1 in possession of the said premises. The order further provided that the plaintiff decree-holder respondent no. 1 would be at liberty to take police help, if necessary, for taking possession of the premises in execution of the said decree. The present appeal is against this order.
(2.) It transpires from the affidavits of the parties that on the 17th September, 1970, an order was passed by Mr. Justice R.M. Datta sanctioning a scheme of amalgamation of the Binani Properties (P) Ltd. with the Binani Investment Co. (P) Ltd. Under the scheme so sanctioned, all properties, assets, rights, liabilities etc. of the Binani Properties (P) Ltd. vested in the Binani Investment Co. (P) Ltd. on and from 1st January, 1970. The scheme further provided that all proceedings then pending by or against the transferor company would be continued by or against the transferee company and Binani Properties (P) Ltd. would be dissolved without winding up from the date of filing of the certified copy of the order with the Registrar of Companies.
(3.) Even though the scheme of amalgamation included all the properties belonging to Binani Properties (P) Ltd., another order was passed by Mr. Justice Salil K. Roy Chowdhury on 10th April, 1973 at the instance of the companies concerned including premises No. 81 in the scheme as one of the properties which had vested in the Binani Investment Co. (P) Ltd. under the scheme of the amalgamation. It further transpires that on 20th July, 1973, an order was passed by Mr. Justice Sabyasachi Mukharji dismissing an application filed by one Abdul Hossain Sheikh challenging the aforesaid order of Mr. Justice Salil K. Roy Chowdhury dated 10th April, 1973. It is stated before us that an appeal has been preferred against this order which is still pending.;