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Judgment
The petitioner is aggrieved of order dated 22.08.2008 passed in Execution Case No.1 of 2007 by which other judgment-debtors have been deleted
from the execution case.
Mr. P.P. N. Roy, the learned senior counsel for the petitioner submits that once a decree is prepared in terms of judgment dated 28.08.1998 in
which others have also been shown as defendants, the trial judge has committed serious error in deleting name of other defendants in the execution
case.
On perusal of the decree dated 01.09.1998 it would appear that the decree is in two parts. In the first part of the decree right, title and interest of
the plaintiff has been declared against the judgment-debtors in Title Suit No.1 of 1991. Second part of the decree pertains to a sum of Rs.58.55 to be
paid by the defendants to the plaintiff.
This writ petition was filed on 12.11.2008 and when it was listed on 11.12.2009, at the instance of the learned counsel for the petitioner it was
adjourned by four weeks. On 20.04.2011 when this writ petition was listed next, no one appeared for the petitioner. Thereafter, the writ petition was
not prosecuted by the petitioner.
In the above facts, at this distant point in time I am not inclined to interfere in the matter and accordingly this writ petition is dismissed.