Rafi Uddin Molla And ORS. v. Kanchan Bibi And ANR.

04.05.26 M/L Sl-167 Ct. 06 (Samar) CO. 113 of 2026 Rafi Uddin Molla & Ors.

V.

Kanchan Bibi & Anr.

Mr. Kajal Mukherjee, ... for the petitioner.

1. This revisional application has been filed seeking expeditious disposal of Title Execution Case No. 01 of 2017 pending before the learned Additional Civil Judge, (Junior Division), 2nd Additional Court at Diamond Harbour, District South 24-Parganas.

2. It is submitted that Title Suit No. 95 of 1992 instituted by the petitioner was decreed on March 28, 1996 and upon the said decree being affirmed in appeal being Title Appeal No. 124 of 1999 the said decree has been put in execution by filing the Title Execution Case No. 01 of 2017.

3. In view of the nature of the order proposed to be passed direction for prior service of copy of this application along with notice on the opposite parties is not being made, however, the petitioner shall remain obliged to serve a copy of this application along with a copy of this order upon the opposite parties within a week from date.

4. Having heard the learned advocate appearing petitioner and having considered the material on record, this revisional application is disposed of by

requesting learned Additional Civil Judge, (Junior Division), 2nd Additional Court at Diamond Harbour, District South 24-Parganas to dispose of Title Execution Case No. 01 of 2017 as expeditiously as possible and preferably within a period of one month from the next date fixed without granting any unnecessary adjournment to either of the parties.

5. Since, it is submitted that the no Presiding Officer is there in the regular court, the petitioner shall be at liberty to file appropriate application for putting up of the records before the learned Judge-inCharge of the Executing Court where Title Execution Case No. 1 of 2017 is pending, so that the learned Judge in Charge can proceed with the said Execution Case.

6. With the above observations, CO. 113 of 2026 stands disposed of.

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Om Narayan Rai, J.)