Sri Nakul Chandra Dey vs Sri Dhiraj Sanbui
2021 Latest Caselaw 6651 Cal

             (Through Video Conference)
30.12.2021

Sl. No.11 BP/KS C.O. 2353 of 2021

Sri Nakul Chandra Dey Vs.

Sri Dhiraj Sanbui

Mr. Gautam Kumar Thakur Ms. Anandamayi Ghosh Mr. Debasis Ghosh ..... For the Petitioner

Learned lawyer appearing for the

petitioner/judgment debtor submits that by the impugned

order no.20 dated 16th December, 2021 passed by the

Learned Court below in Title Execution Case No.9 of 2020,

the Civil Judge ( Junior Division), 2 nd Court, Chandernagore

has directed that if the petitioner/judgment debtor failed to

comply with the direction of the Learned First Appellate

Court, the learned Executing Court shall vacate the order of

stay. Learned lawyer submits that the petitioner is ready to

deposit the entire occupational charges as will be directed

by this Court.

I feel that for proper disposal of the application the

copy of the application should be served upon the opposite

party/decree holder.

The petitioner is directed to serve a copy of the

application with all annexures upon the opposite

party/decree holder within a period of three days from date

and file affidavit of service on the next date fixed for

hearing.

Having heard the learned lawyer for the petitioner

and on consideration of the order as impugned, I feel that

the impugned order may be stayed for a limited period.

Let the order no.20 dated 16 th December, 2021 passed

by learned Civil Judge (Junior Division), 2 nd Court,

Chandernagore in T.Ex. - 9/2020 be stayed till 11 th January,

2022.

Let the matter appear in the list before the Regular

Bench under the heading "New Motion" on 11 th January,

2022.

(Rabindranath Samanta, J.)