Sri Bibhas Das vs Smt. Pratima Chandra
2024 Latest Caselaw 4565 Cal

Calcutta High Court (Appellete Side)

Sri Bibhas Das vs Smt. Pratima Chandra on 5 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

S/L 20
05.9.2024

Court No.19 SD IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION CO 3154 of 2024 Sri Bibhas Das Vs. Smt. Pratima Chandra, since deceased, Rajeshwar Chandra & Anr.

Mr. Gopal Ch. Ghosh Mr. Rajkrishna Mondal ... for the Petitioner.

An ex parte decree was put into execution. The

judgment debtor questioned the executibility of such decree

on the ground that the description of the suit property is

erroneous. The Executing Court has overruled the said

objection holding that such point was never raised by the

judgment debtor at any stage of the proceedings including

appeal, such finding of the executing court, prima facie,

appears to be erroneous as the decree under execution was

passed ex parte.

The revisional application, therefore, requires

further consideration upon notice.

The petitioner is directed to send a copy of the

revisional application along with a notice communicating

this order to the opposite parties by Speed Post with

Acknowledgement Due intimating that the matter will come

up in the Combined Monthly list of December, 2024.

Similar notice be given to the learned advocate

representing the opposite parties in the Court below.

The petitioner to file affidavit-of-service on the next

date of hearing.

There shall be stay of all further proceedings of Title

Execution Case No. 05 of 2015 pending before the learned

Civil Judge (Junior Division), Haldia, till the end of the

month of December 2024 or until further order(s),

whichever is earlier.

Parties to act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent Photostat certified copies of this order, if

applied for, be supplied to the parties upon compliance

with all requisite formalities.

(Biswajit Basu, J.)