Prasanta Mondal vs Smt. Molina Rani Mondal & Ors
2022 Latest Caselaw 5429 Cal

12.08.2022 Item No.27 Ct. No.7 CHC

C.O.1773 of 2022

Prasanta Mondal Vs.

Smt. Molina Rani Mondal & ors.

Mr. Atis Kumar Biswas, Mr. Susenjit Banik, Mr. Amit Singh, Ms. Jyoti Agarwal ...for the petitioner

Subject-matter of challenge in this case is against

the order directing decreeholder to deposit cost of

police help.

Mr. Biswas, learned advocate appearing for the

petitioner submits that the copy of application under

Rule 208 CRO was not served upon the judgment-

debtor, while proposing for execution of a decree

passed in connection with a suit for specific

performance.

Upon perusal of the impugned order, it appears

that during the ongoing execution process, judgement-

debtor had the occasion to enter his appearance as

many as on two occasions. The interim protection as

proposed, in view of taking note of appearance of the

judgement-debtor in ongoing execution process, is not

entertainable at this stage.

Petitioner is directed to serve copy of this

application upon the opposite parties and their learned

advocate appearing in the court below, by Speed Post

with Acknowledgement Due and furnish affidavit-of-

service on the next returnable date.

Matter to appear in the list under the heaidng

"Adjourned Motion" three (03) weeks after.

(Subhasis Dasgupta, J.)