7 Samiran Kumar Dinda vs Smt. Gouri Maity & Ors
2022 Latest Caselaw 2105 Cal

AGM /RKB C.O. 837 of 2022 Ct 07 Samiran Kumar Dinda Vs. Smt. Gouri Maity & Ors

Mr. Soumen Kumar Dutta,

Mr. Sabyasachi Bhattacharjee, Ms. Arpit Kundu, ... For the petitioner.

A direction to secure expeditious disposal of an

execution case being No. O.Ex 02 of 2017, now pending

before the learned Civil Judge (Junior Division), Second

Additional Court, Contai, Purba Medinipur is the

ultimate relief sought for in this case.

Admittedly, petitioner is the decree-holder and

after the appellate decision touching upon the decree,

the petitioner/decree-holder put the decree into

execution upon filing execution case being No. O.Ex 02

of 2017.

of 2018 under Order 21 Rule 97 of the Code of Civil

Procedure, filed by the petitioner/decree-holder to give

effect to the decree in execution.

It is contended by learned advocate appearing for

the petitioner that during the pendency of such

execution proceedings, the judgment debtor/opposite

parties have taken out an application under Section 47

of the code of Civil Procedure, which has been registered

as J. Misc. Case No. 14 of 2021, and in view of the long

pendency of this case, the pending execution case has

not been able to move forward.

Upon perusal of the photocopy of orders, passed

by the learned Court below, annexed with the instant

revisional application, it appears that 19th May, 2022 is

the date for evidence, to be adduced by PW 2 in J. Misc

Case No. 14 of 2021 under Section 47 of the Code of

Civil Procedure.

In view of the nature of the order proposed to be

made in this case, no prior notice is considered to be

necessary.

The service upon the opposite parties is thus

dispensed with, so far as the present revisional

application is concerned.

Accordingly, learned Civil Judge (Junior Division),

Second Additional Court, Contai, Purba Medinipur is

requested to ensure expeditious disposal of J. Misc

Case No. 14 of 2021, providing sufficient opportunity of

hearing to either of the parties to this case, but without

granting unnecessary adjournment, unless it is

extremely unavoidable.

While endeavouring such exercise, the learned

court below may proceed with the pending execution

case in the manner, as situation of the case, would

demand, so as to dispense with the justice in a best

possible manner vide Execution Case No. O.Ex 02 of

2017.

Petitioner is directed to make communication of

this order to the learned court below, learned advocate

appearing in the court below for the opposite parties,

and the opposite parties as well.

With this observation and direction, the revisional

application stands disposed of.

Urgent photostat certified copy of the order, if

applied for, be given to the parties on usual

undertakings.

(Subhasis Dasgupta, J)