Rup Sri Sagar Chandra vs Hazarhat Kali Mata Thakurani And ...
2023 Latest Caselaw 1990 Cal

234 24.03.

 Ct    2023                        CO No. 864 of 2023

rup                             Sri Sagar Chandra
                                      versus

Hazarhat Kali Mata Thakurani and Sri Sri Mahabir Jew Thakur & Ors.

Mr. Sanjib Seth .... For the petitioner.

This revisional application has been filed assailing

the order dated 21st January, 2023 passed in connection

with the Title Execution Case No. 33 of 2020 whereby the

learned Civil Judge, Junior Division, 2 nd Court, Howrah

allowed the application under Rule 208 of Civil Rules and

Orders directing Commissioner of Police to send a report

regarding cost of police assistance.

It is submitted by learned advocate on behalf of the

petitioner/judgment-debtor that in connection with this

execution case writ was issued on 25 th February, 2021

and Bailiff submitted a report, as it appears from the

record, of non-execution of the writ as the suit property

was locked under key. Accordingly, report was submitted

before the court and one application was filed before the

Executing Court under Order XXI Rule 97 of the Code of

Civil Procedure and that was dismissed for non-

prosecution by the order dated 21 st January, 2023.

Subsequently, on 21st January, 2023 one application

under Rule 208 of Civil Rules and Orders was filed and

was allowed for police assistance.

Feeling aggrieved petitioner preferred an appeal

before the Appellate Court. It is further submitted that

petitioner/judgment-debtor was contesting the

application under Order XXI Rule 97 of the Code of Civil

Procedure in connection with Misc. Case No. 42 of 2021

but all of a sudden on 21.1.2023 the record was put up

at the instance of the learned advocate on behalf of the

decree-holder/opposite parties and the same was

dismissed for non-prosecution. On the same day one

application has been filed by the decree-holder under

Rule 208 of Civil Rules and Orders and that was allowed

without giving any opportunity of hearing to the

judgment-debtor, who was contesting the application

under Order XXI Rule 97 of the Code of Civil Procedure in

connection with Misc. Case 42 of 2021.

The issue raised in this revisional application

requires to be adjudicated in presence of opposite parties.

Accordingly, let there be a direction upon the

petitioner to serve copy of application upon the opposite

parties and their learned advocate appearing on behalf of

the opposite parties before the Trial Court, by speed post

with A/D, and furnish affidavit of service on the

returnable date.

Considering all facts and circumstances and as well

as submission advanced on behalf of the

petitioner/judgment-debtor, the Order Nos.52 and 53

dated 21.01.2023 be stayed for a limited period of time

i.e. till last week of April, 2023.

List the matter on 21.04.2023.

(Bibhas Ranjan De, J.)