Chandan Chatterjee & Anr vs Shrimati Sabitri Karmakar
2022 Latest Caselaw 7662 Cal

S/L 28
18.11.2022

Sourav CO 1108 of 2022

Chandan Chatterjee & Anr.

Vs.

Shrimati Sabitri 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 No. 1 of 2019 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. 10 of 2019 the opposite parties, i.e., the present

petitioners have already entered appearance.

Such being the position, this Court directs the learned

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

is directed to hear out Misc. Case No. 10 of 2019 on day to

day basis and shall conclude the trial of the said Misc. case,

i.e., the Misc. Case No. 10 of 2019 positively within six

months from the date of communication of this order.

The instant revisional application being CO 1108 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.)