Hari Mohan Malik v. Manju Malik

277. 12.05.2025 Court No.06.

(Pritam) CO 172 of 2026.

Hari Mohan Malik.

-Vs.- Manju Malik.

Mr. Samir Ranjan Aich.

.....for the petitioner.

1. This revisional application seeks expeditious disposal of Title Execution Case No.22/2019 pending before the learned Civil Judge (Senior Division), 3rd Court at Howrah.

2. The learned advocate appearing for the petitioner submits that the Title Suit No.27/2000 had been filed for partition. The said suit was decreed in the year 2008. Appeal from the said decree had also been dismissed. However, the execution case for execution of the decree has still not been disposed of.

3. In view of the nature of the order proposed to be passed, prior service of a copy of the application along with notice on the opposite parties is not being directed.

4. However, the petitioner shall remain obliged to serve a copy of the revisional application along with a copy of this order on the opposite parties within a week from date.

5. Having heard the learned advocate for the petitioner and having considered the materials on record and

keeping in mind the mandate of the Hon'ble Supreme Court in the case of Periyammal (Dead) through Legal Representatives & Ors. vs. V. Rajamani & Anr. reported in (2025) 9 SCC 568, this revisional application is disposed of by requesting the learned Civil Judge (Senior Division), 3rd Court at Howrah to dispose of the Execution Case No.22/2019 as expeditiously as possible and preferably within a period of 1 month from the next date fixed without granting any unnecessary adjournment to either of the parties.

6. CO 172 of 2026 is disposed of. There shall be no order as to costs.

7. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities.

(Om Narayan Rai, J.)