Sri Subhadeep Senapati (Minor) vs Smt. Gita Payara & Ors
2022 Latest Caselaw 4195 Cal

13.07.2022 (D/L-12) Ct.-18 (Susanta)

C.O. 442 of 2022

Sri Subhadeep Senapati (Minor)

-Vs-

Smt. Gita Payara & Ors.

Mr. Mukteswar Maity, ... For the Petitioner.

The order proposed to be passed in the

present revisional 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 is a decree-holder of the

decree of eviction dated September 6, 2016.

The said decree was put into execution

giving rise to the connected O. Execution Case

no. 1 of 2017 before the 2nd Court of learned Civil

Judge (Junior Division), Contai, District- Purba

Medinipur.

The petitioner is complaining inordinate

delay in disposal of the said Execution Case.

It appears from the record that the said

Execution Case is still stuck at the stage of

issuing notice to the judgment-debtors.

The decree appears to have been put into

execution within two years from the date of the

decree, the Executing Court is requested to

consider whether the judgment-debtors are

entitled to notice of the said Execution case, in

view of the provision of Order XXI Rule 22 of the

Code of Civil Procedure and to bring the said

Execution Case to its logical conclusion in

accordance with law as expeditiously as possible,

preferably within six available effective working

months of the said Court from the date of

communication of the said order.

C.O. 442 of 2022 is disposed of with the

above terms without any order as to costs.

Urgent photostat certified copy of this order,

if applied for, be supplied to the party subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)