Tapan Kumar Mondal v. Suprava Mondal And ORS

In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side 40 24.3.2026 Sc Ct. no.6 Case No. :

C.O. 1050 OF 2026 In the matter of : Tapan Kumar Mondal .... Petitioner VS.

Smt. Suprava Mondal & Ors.

.... Opposite Parties For the Petitioner:

Sri Sankar Narayan Saha ....Advocate

1. Supplementary affidavit, filed by the learned Advocate appearing for the petitioner is taken on record.

2. This revisional application seeks expeditious disposal of J. Misc. Case No.25 of 2022 arising out of Title Execution Case No. 06 of 2015 pending before the learned Civil Judge (Junior Division), 1st Court, Contai.

3. Learned Advocate appearing for the petitioner invites the attention of this Court to an order dated February 27, 2025 passed by a coordinate Bench of this Court in C.O. 681 of 2025, whereby the learned Civil Judge (Junior Division), 1st Court, Contai was requested to take up the Execution Case and dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

4. It is further submitted by the learned Advocate appearing for the petitioner that this Court has earlier as well, by an order dated January 24, 2018 passed in C.O. 3028 of 2017 requested the executing Court to complete the proceeding within a month from the date of communication of this order.

5. In view of the nature of the order proposed to be passed, no direction for prior service of a copy of the revisional application along with a notice on the opposite parties is being made, however, the petitioner shall remain obliged to serve a copy of the revisional application along with a copy of this order upon the opposite parties within a week from date.

6. Having heard learned Advocate appearing for the petitioner and having considered the materials on record, this revisional application is disposed of by requesting the learned Civil Judge (Junior Division), 1st Court, Contai to dispose of the J. Misc. Case No. 25 of 2022 as well as Title Execution Case No. 06 of 2015 as expeditiously as possible keeping in mind the mandatory direction of the Hon'ble Supreme Court in the case of Periyammal (Dead) through LRS & Ors. -vs.- V. Rajamani & Anr. reported at (2025) 9 SCC 568.

7. The learned Executing Court is requested to ensure that the Execution Case is not unnecessarily stalled

unless there is a specific order of stay thereof by any superior forum.

8. C.O. 1050 of 2026 stands disposed of with the above observations.

9. Photostat certified copy of this order, if applied for, be furnished expeditiously after completion of all formalities.

(Om Narayan Rai, J.)