Abdul Hamid vs Shabhadipati
2023 Latest Caselaw 5531 Cal

24.08.2023

Item No.22 CP C.O. 2987 of 2022 Abdul Hamid Vs.

Shabhadipati, Panchayat Samiti Sandeshkhali - I & ors.

Mr. Souri Ghosal Mr. Prabhat Kr. Singh

......for the petitioner.

The petitioner is the decree holder who prays

for early disposal of the Money Execution Case No. 4

of 2020, which is pending before the learned Civil

Judge (Senior Division), Basirhat.

It is submitted by the petitioner that by filing

an appeal before a court which lacked pecuniary

jurisdiction, the execution proceeding is being

delayed by showing pendency of the appeal. It is

submitted that an application for stay of the

execution case is pending since long. Petitioner seeks

expeditious disposal of the application for stay.

The prayer of the petitioner is innocuous.

Neither party stands to lose if a proceeding is

disposed of expeditiously. In fact, such expeditious

disposal shall enure to the benefit of the parties.

Hence, there is no requirement for service of prior

notice upon the opposite parties.

At this juncture, this revisional court is not in

a position to decide the maintainability of the appeal.

Such issue can be raised by the petitioner in the

appeal itself. The appellate court will decide the

matter upon giving adequate opportunity to all the

parties to contest such question.

However, as there is an application for stay

filed by the judgment debtor in the execution case,

this court is of the view that justice would be

subserved if such application is disposed of by the

learned executing court in accordance with law, upon

giving all the parties enough opportunity to contest

the same. The said application shall be disposed of

within two months from date.

This court has not expressed any opinion on

the merits of the stay application. The learned court

shall proceed independently and in accordance with

law.

A copy of the revisional application along with

a server copy of this order be served upon the

opposite parties and/or the learned advocate

contesting the matter on behalf of the opposite

parties in the learned court below, within a week.

The revisional application is accordingly

disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this

order.

(Shampa Sarkar, J.)