Subhadeep Senapati v. Gita Payara And ORS

13.07.2022 (D/L-12) Ct.-18 (Susanta) C.O. 442 of 2022 Sri Subhadeep Senapati (Minor) -Vs- Smt. Gita Payara & Ors.

Mr. Mukteswar Maity, ... For the Petitioner.

The order proposed to be passed in the present revisional application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The petitioner is a decree-holder of the decree of eviction dated September 6, 2016.

The said decree was put into execution giving rise to the connected O. Execution Case no. 1 of 2017 before the 2nd Court of learned Civil Judge (Junior Division), Contai, District- Purba Medinipur.

The petitioner is complaining inordinate delay in disposal of the said Execution Case. It appears from the record that the said Execution Case is still stuck at the stage of issuing notice to the judgment-debtors.

The decree appears to have been put into execution within two years from the date of the

decree, the Executing Court is requested to consider whether the judgment-debtors are entitled to notice of the said Execution case, in view of the provision of Order XXI Rule 22 of the Code of Civil Procedure and to bring the said Execution Case to its logical conclusion in accordance with law as expeditiously as possible, preferably within six available effective working months of the said Court from the date of communication of the said order.

C.O. 442 of 2022 is disposed of with the above terms without any order as to costs.

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

(Biswajit Basu, J.)