Mansur Ali Mallik & Ors vs Masiar Bewa & Ors
2023 Latest Caselaw 3040 Cal

S/L 33
28.04.2023
Court. No. 12
Sourav
                               CO 1062 of 2022

                           Mansur Ali Mallik & Ors.
                                     Vs.
                            Masiar Bewa & Ors.

                Mr. Sandip Das
                                                        ... for the petitioners.

                Mr. Subir Banerjee
                Mr. A. Sinha Roy
                Mr. Gaurab Das
                                        ... for the opposite party nos. 1 to 10.


                1.

Both the petitioners and the opposite party nos. 1 to

10 are represented by their learned advocates.

2. On perusal of the impugned order no. 44 dated

March 3, 2022 as passed by the learned Civil Judge

(Junior Division) 1st Court, Diamond Harbour in Title

Execution Case No. 19 of 2014, it reveals that the

learned Trial Court has been pleased to fix a date for

hearing of the execution application since the

judgment debtor of the said execution case who are

the petitioners before this Court had failed to bring

any stay order from the appellate court.

3. In considered view of this Court, there is no illegality

or irregularity in the order impugned since the

learned Trial Court is duty bound to proceed with

Title Execution Case No. 19 of 2014 unless, a stay

order is obtained from any upper Court with regard

to the progress of Title Execution Case No. 19 of

2014.

4. In view of such, this Court finds no merit in the

instant revisional application and, accordingly, the

instant revisional application being CO 1062 of

2022 is hereby dismissed on contest.

5. Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance

of necessary formalities.

(Partha Sarathi Sen, J.)