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Calcutta High CourtCO/1920/2025dismissed

Buro Mullick v. Rita Bhowmik And ORS

2025-06-10Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Sl.26 10.06.2025 Court No.6 BP C.O. 1920 of 2025 Sri Buro Mullick -versusSmt. Rita Bhowmik & Ors.

Mr. Tanmoy Bhattacharyya Mr. Somnath Das Ms. Mithu Mallick Bhattacharyya ... for the petitioner This application under Article of the Constitution of India is directed against an order dated February 27, 2025 passed by the learned Civil Judge (Junior Division), 1st Court at Howrah in Title Execution Case No. 01 of 2014.

By the order impugned the learned executing court rejected the prayer of the petitioner for stay of the execution case. The petitioner filed an application dated 19th February, 2025 before the learned executing court praying for an order of stay of the execution proceedings till the disposal of the special leave petition by the Apex Court.

Record reveals that the Hon'ble Supreme Court by an order dated 21st February, 2025 dismissed the special leave petition. Thus on the date when the application dated 19th February, 2025 was taken up for hearing the special leave petition was already dismissed and the prayer for stay had already become infructuous at that point of time.

For such reason, this Court is not inclined to interfere with the order impugned.

Accordingly, C.O. 1920 of 2025 stands dismissed. No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)