Citation : 2023 Latest Caselaw 1468 Cal/2
Judgement Date : 3 July, 2023
OD-23
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/286/2023
BHOLA YADAV
VS
RANI JENA
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 3rd July, 2023
Appearance:
Mr. S.E. Huda, Adv.
Mr. Sk. Aptabuddin, Adv.
The Court:- The judgment debtor remains unrepresented.
This is an application for execution of a decree dated 10th November, 2022
and has been filed within a period of two years since the passing of the decree.
The suit is for recovery of money and the plaintiff has obtained a decree for
Rs.31,78,890/-. It is submitted on behalf of the decree holder that the decree has
become final, binding and executable and there is no embargo in proceeding with
this execution application.
In view of aforesaid, there shall be an order of injunction in terms of prayer
(c) of the Tabular Statement.
It is submitted on behalf of the decree holder that even during the pendency
of the suit, the decree holder had been enjoying an order in terms of prayer (c) of
the Tabular Statement.
The decree holder is directed to serve a notice on the judgment debtor.
There shall also be a direction upon the judgment debtor to file her Affidavit
of Assets in Form 16 A, Appendix E, of the Code of Civil Procedure, 1908 on the
returnable date.
Let this matter appear on 18th July, 2023.
The decree holder is directed to file an Affidavit of Service on the returnable
date.
(RAVI KRISHAN KAPUR, J.)
D.Ghosh
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