Abhijit Shaw And ORS v. Sukumar Modak

17.11.2025 rc/ct.no.06 Item No.48 C.O. No. 121 of 2025 Abhijit Shaw & Ors.

Versus

Sukumar Modak Mr. P. Mukherjee Mr. N.K.Das Mr. J. Hossain ...for the petitioners 1.

By this application, the petitioners seek expeditious disposal of Title Execution Case No. 25 of 2018 arising out of Title Suit No. 92 of 2014. The same is pending before the learned Civil Judge (Jr. Division), 1st Court, Chandannagar, Hooghly.

2.

Learned counsel for the petitioners submits that the first appeal arising out of judgment and decree was dismissed. No second appeal has been preferred. 3.

Considering the submission, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. 4.

Under such circumstances, the revisional application is disposed of with a request to the learned court to expedite the disposal of the execution case preferably within a period of four months from the date of communication of this

order. Adequate opportunity shall be given to the parties to contest the same.

5.

However, if there is any further order from a superior Court staying the execution, this order will cease to operate.

6.

This court has neither expressed any opinion on the merits of the application nor on the merits of the suit. The learned court shall proceed independently and in accordance with law.

7.

The revisional application is accordingly disposed of. 8.

A copy of this revisional application shall be served upon the opposite party and/or the learned Advocate appearing on behalf of the opposite party in the court below, within a week.

9.

There shall be no order as to costs.

10.

Parties are to act on the serve copy of this order. (Shampa Sarkar,J)