Kalipada Sahoo vs Sudhangsu Sahoo
2023 Latest Caselaw 1898 Cal

    43
22.03.2023

Ct. No.237 D.Hira IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE

CO 139 of 2023

Kalipada Sahoo Vs.

Sudhangsu Sahoo

Mr. Mrinal Kanti Ghosh.

... For the petitioner/decree holder

An order dated 11th November, 2022 passed by the

learned District Judge, Paschim Medinipur in Misc. Appeal

no.172 of 2022 is under challenge.

Impugned order shows that appeal was admitted

and the appellant was directed to issue notice upon the

defendant/judgment debtor and LCR was called for, fixing

19th January, 2023 as returnable date.

Mr. Ghosh, learned Advocate appearing on behalf

of the petitioner/decree holder has submitted that

petitioner/decree holder obtained decree and judgment

debtor preferred an appeal which was also dismissed and

in addition, judgment debtor also filed an application

under Section 47 of the Code of Civil Procedure which was

also dismissed. Thereafter, petitioner/decree holder filed

the petition for police help before the Executing Court and

that was allowed. Against that order, the judgment

debtor/defendant preferred the appeal being Misc. Appeal

No. 172 of 2022.

Learned Advocate on behalf of the

petitioner/decree holder has submitted that the appeal is

not maintainable.

Considering all facts and circumstances, I find that

notice upon the opposite party is not required to be served

and thus dispensed with.

Learned District Judge, Paschim Medinipur is

requested to dispose of the appeal as expeditiously as

possible.

The petitioner/decree holder is at liberty to file an

application for maintainability of the appeal.

The petitioner/decree holder is also at liberty to

inform the Trial Court.

With the aforesaid observation, the instant appeal

being CO 139 of 2023 stands disposed of.

Let a copy of this order be communicated to the

Court of learned District Judge, Paschim Medinipur.

Urgent photostat certified copy of this order, if

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

necessary formalities.

(Bibhas Ranjan De, J.)