Sudarshan Roy vs The State Of West Bengal & Ors
2021 Latest Caselaw 4495 Cal

10,DL,Ct.18 03.09.2021 AJ.

C.O. 1497 of 2021

(Through Video Conference)

Sudarshan Roy

-Vs-

The State of West Bengal & Ors.

Mr. Mani Sankar Chattopadhyay.

... for the petitioner.

The order proposed to be passed in the

present application under Article 227 of the

Constitution of India would not cause any

prejudice to the opposite parties, as such, service

of notice of the present application upon the said

opposite parties is dispensed with.

The petitioner filed the suit being Title Suit

No.6 of 2006 for the decree of declaration and

recovery of possession of the suit property in the

4th Court of the learned Civil Judge (Senior

Division) at Alipore. The said suit was decreed on

January 16, 2007.

The said decree was put into execution on

June 12, 2007 giving rise to the connected

Execution Case No.8 of 2007.

The petitioner complains that one of the

judgment debtors, the opposite party no.14 herein

to stall the progress of the said execution case

filed several misc. cases in the said execution

case, but those misc. cases although have already

been dismissed by the Executing Court, but there

is no progress of the said execution case.

Mr. Manishankar Chattopadhyay, learned

advocate appearing on behalf of the petitioner

prays that an appropriate direction be passed

directing the Executing Court to dispose of the

said execution case within a specific time.

Mr. Chattopadhyay files photocopy of the

orders passed in the said execution case

wherefrom it appears that the petitioner has a

genuine grievance.

It appears from the orders passed in the

said execution case that there is no impediment

to bring the said execution case into a logical

conclusion expeditiously.

The 4th Court of the learned Civil Judge

(Senior Division) at Alipore, District 24-Parganas

(South) is therefore requested to dispose of the

Title Execution Case No.8 of 2007 as

expeditiously as possible preferably within a

period of six months from the date of

communication of this order if the same is

otherwise ready for such disposal.

The Executing Court to adhere to the time

limit fixed by this order for disposal of the said

execution case shall not entertain prayer of the

parties for any unnecessary adjournment.

C.O. 1497 of 2021 is disposed of without

any order for costs.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)