Swapan Kr. Ghosh vs Rash Bihari Thakur
2023 Latest Caselaw 4562 Gua

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GAHC010100762023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : CRP(IO)/139/2023

            SWAPAN KR. GHOSH
            S/O- LT. KHAGENDRA MOHAN GHOSH,
            BONGAIGAON, WARD NO. 6,
            P.O., P.S. AND DIST.- BONGAIGAON,
            ASSAM, PIN- 783380.



            VERSUS

            RASH BIHARI THAKUR
            S/O LATE MAHESWAR THAKUR,
            RESIDENT OF BAGHESWARI APARTMENT,
            NATUNPARA, COLLEGE ROAD,
            P.O., P.S. AND DIST.- BONGAIGAON,
            ASSAM, PIN- 783380.



Advocate for the Petitioner   : MR. B J MUKHERJEE

Advocate for the Respondent : MR. M DAS
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                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

08.11.2023 Heard Mr. B. J. Mukherjee, learned counsel for the petitioner as well as Mr. U. Sarma, learned counsel for the respondents.

This application under Article 227 of the Constitution of India has been filed challenging the order dated 11.04.2023 passed in Money Execution Case No. 02/2023 by the learned Civil Judge, Bongaigaon.

The Money Suit 09/2021 was decreed in favour of the respondent/plaintiff. Thereafter, within next two years, execution petition was filed and the trial court on 11.04.2023 issued writ of attachment without issuing any notice. It was done on the ground that the execution case was filed after expiry of appeal period.

Mr. Mukherjee submits that the execution petition has some errors. I have also heard Mr. Sarma together.

This Court is of the opinion that if there are some errors in the execution petition, the judgment debtor is directed to approach the trial court on 30.12.2023 for raising those issues. So far as the order dated 11.04.2023 is concerned, I do not find any wrong with this order. Therefore, the present revision petition is devoid of merit and accordingly stands dismissed.

Interim order stands vacated.

JUDGE

Comparing Assistant