Bideshi Tanti vs Gobinda Mondal & Ors
2023 Latest Caselaw 1419 Cal

    09
24.02.2023

Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURICTION APPELLATE SIDE

CO 274 of 2023

Bideshi Tanti Vs.

Gobinda Mondal & Ors.

Mr. Swarup Banerjee Mr. Arindom Chatterjee ... For the petitioner

The order dated 17th December, 2022 passed in

connection with Title Execution Case No.42 of 2019 is

under challenge by this revisional application.

By this revisional application, the judgment-

debtor/petitioner sought for staying all further proceedings

in the aforesaid Title Execution Case No.42 of 2019

pending before the learned Civil Judge (Senior Division), 1st

Court, Alipore, South 24-Parganas.

On careful scrutiny of the impugned order dated

17th December, 2022 passed by the learned Civil Judge

(Senior Division), 1st Court, Alipore, South 24-Parganas, I

find that the learned Judge fixed date for further

clarification and order, I do not find any reason assuming

threat to the judgment-debtor at this stage while

application under Section 47 of the Code of Civil Procedure

is pending before the executing Court, i.e., learned Civil

Judge (Senior Division), 1st Court, Alipore.

Considering all these facts and circumstances, I do

not find any reason to interfere with the order impugned

dated 17th December, 2022.

However, I request the learned Civil Judge (Senior

Division), 1st Court, Alipore, South 24-Parganas, to dispose

of the application under Section 47 of the Code of Civil

Procedure before proceeding with the execution of the

decree, as early as possible.

Having heard the learned advocate on behalf of the

revisionist, liberty is given to file additional affidavit before

the learned Civil Judge (Senior Division), 1st Court, Alipore,

South 24-Parganas.

With the above observation, the revisional

application, being CO 274 of 2023, stands disposed of.

A copy of this order be forwarded to the learned

Civil Judge (Senior Division), 1st Court, Alipore, South 24-

Parganas, forthwith.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Bibhas Ranjan De, J.)