Calcutta High Court (Appellete Side)
Thakur & Ors vs Sudipto Maity & Ors on 7 September, 2021
15 07.09.
Mith 2021
un/
RKB
C.O. 1504 of 2021
Ct
07 Shree Shree Shyam Sundar Lakhi Janardhan Jew
Thakur & Ors.
Versus
Sudipto Maity & Ors.
(Via Video conference)
Mr. Jiban Ratan Chatterjee,
Mr. Munshi Ashiq Elahi.
... For the Petitioner Nos.1 & 3.
Mr.Debabrata Mondal,
.. For Petitioner No.2.
Mr.Sundar Gopal Bhattacharya,
...for O.P.No.5.
Supplementary affidavit filed today on behalf
of the petitioner No.2 is kept with the record.
The Court is approached under Article 227 of
the Constitution of India, soliciting a direction to
ensure expeditious disposal of an application under
Order 40 Rule 1 CPC, praying for appointment of
receiver.
Mr.Jiban Ratan Chatterjee, learned Advocate
representing petitioner Nos.1 & 3 submits that the
main issue relating to the contesting claim of
shebaits over a Debuttar property has already been
addressed by the learned Court below, and the suit
has been ended in decree, thereby framing a
scheme for the maintenance of deities as well as for
due performance of the shebaits involve in the suit.
Mr. Chatterjee further submits that since
subsequently there appeared some disparity with
regard to the scheme being formulated by the
learned Court below, an execution application has
been preferred before the learned Court below. In
connection with such execution application, an
application for appointment of receiver under Order
40 Rule 1 CPC has been filed. The said application,
according to Mr. Chatterjee, for appointment of
receiver has not yet been disposed of, resulting in
serious prejudice to the valuable rights of the
decree holders/shebaits.
Learned Advocate representing petitioner no.2
submits that the execution application together with
the interlocutory application pending therein, should
be addressed by the learned Court below
expeditiously, so that rights of the shebaits decided
by the Court below should be duly respected to in
the manner, as already held by the learned Court
below.
Learned Advocate Mr. Sundar Gopal
Bhattacharya, representing the opposite party No.5
submits that the application for receiver under
Order 40 Rule 1 CPC necessarily has to be heard
out upon serving notice to the judgment debtors,
shown in the decree already drawn up by the
learned Court below.
Incidentally, the learned Advocate for the
opposite parties has drawn attention of the Court to
the order dated 11th August, 2021, wherefrom it
appears that the learned Court below is quite alive
of the fact as regards the service of notice upon the
judgment debtors with respect to application under
Order 40 Rule 1 CPC, and in such context the
learned Court below has already fixed the matter on
5th October, 2021.
In the month of October, 2021, there will be
long vacation of Court below.
Having considered the submissions of both
sides, the point to be addressed is very short and it
requires no extensive hearing, and the instant
revisional application may be disposed of giving a
direction to ensure expeditious disposal of pending
application for appointment of receiver under Order
40 Rule 1 CPC.
Learned Civil Judge (Senior Division) at
Alipore in connection with Title Execution Case No.4
of 2020 is directed to dispose of the pending
application under Order 40 Rule 1 CPC, praying for
appointment of receiver latest by 30th September,
2021, upon serving due notice upon the judgment
debtors involved in this case.
Learned Advocate for the petitioner is directed
to make an application before the learned Court
below praying for preponing the date in the interest
causing expeditious disposal of pending application
for receiver, and if any application is filed to that
effect by the learned Advocate for the petitioner,
the same shall be duly addressed to, so that the
matter may be peremptorily disposed of within 30th
September, 2021.
In doing such exercise, learned Court below is
directed to prepone the date upon due notice to all
the judgment debtors.
Service upon the judgment debtors may be
effected through E-mode, also in the interest of
ensuring expeditious disposal of the pending
application for appointment of receiver.
Learned Advocate for the petitioner is further
directed to make communication of this order to the
learned Court below.
This application is disposed of without going
into the merits of the case and also without
prejudice to the rights and contentions of the
parties involved in this case.
With these observations and directions, the
revisional application stands disposed of.
(Subhasis Dasgupta, J)
