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Calcutta High CourtCO/934/2023disposed

Amarnath Basu And ORS v. Supan Alias Sufan Roy

2023-05-01Hon'Ble Justice Bibhas Ranjan De2 pages

01.05.2023 rc/ct.no.237 Item No.382 C.O.No. 934 of 2023 Sri Amar Nath Basu Mallick & Ors.

Vs.

Sri Supan alias Sufan Roy Mr. Sibasis Ghosh ...for the petitioners This revisional application has been filed for expeditious disposal of the application dated June 10, 2022 pending before the Executing Court.

Learned advocate appearing for the petitioner submitted that the petitioner obtained a decree in Title Suit No. 138 of 1998 and thereafter being aggrieved the opposite party filed an appeal being SAT No. 385 of 2009 wherein the Hon'ble Court passed an order of stay of the execution case being no. 3 of 2010 on the ground of depositing occupational charge of Rs.5000/- but the opposite party failed to comply with the order and stay order was automatically vacated.

Learned advocate for the petitioner submitted that one application was filed before the Executing Court on June 10, 2022 which is pending till date.

No notice is required to be served upon the opposite party.

Service of notice is dispensed with.

Learned Civil Judge, Junior Division, 7th Court at Howrah is requested to dispose of the application dated

June 10, 2022 filed on behalf of the petitioner/decree holder within two weeks from the date of communication of this order.

The petitioner is at liberty to communicate this order to the learned Court.

With the above observations and directions this revisional application stands disposed of.

There shall be, however, no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Bibhas Ranjan De,J)