Chandan Chatterjee & Anr vs Pravat Karmakar
2022 Latest Caselaw 7661 Cal

S/L 30
18.11.2022

Sourav CO 1131 of 2022

Chandan Chatterjee & Anr.

Vs.

Pravat Karmakar

Mr. Sourav Sen Ms. Adrisnata Chakraborty ...for the petitioners.

Affidavit-of-service filed in Court today on behalf of

the petitioners be kept with the record.

Mr. Sourav Sen, learned advocate for the petitioner is

present. None appears on behalf of the opposite party. Heard

the learned advocate for the petitioners at length.

Perused the certified copy of the impugned order. It

reveals that by the impugned order, learned Executing Court

stayed Title Execution Case on the prayer of the judgment

debtor since the judgment debtor has filed a Misc. case

under Order IX Rule 13 of the Code of Civil Procedure for

setting aside the ex parte decree as passed against him.

It is reported that in the said Misc. case, i.e., Misc.

Case No. 11 of 2019 the opposite parties i.e., the present

petitioners have already entered apperance.

Such being the position, this Court directs the learned

Civil Judge (Junior Division), Bangaon, North 24 Parganas

to hear out Misc. Case No. 11 of 2019 on day to day basis and

shall conclude the trial of the Misc. case, i.e., Misc. Case No.

11 of 2019 positively within six months from the date of

communication of this order.

The revisional application being CO 1131 of 2022 is

thus disposed of.

Urgent photostat certified copies of this order, if

applied for, be supplied to the parties upon compliance with

all the necessary formalities.

(Partha Sarathi Sen, J.)