Giridhari Barik v. Tapan Mondal

October 16, 2023 Sl. No.464 Court No.19 s.biswas CO 3781 of 2023 Sri Giridhari Barik vs.

Sri Tapan Mondal Mr. Soumen Kr. Dutta Mr. Sabyasachi Bhattacharjee ... for the petitioner Mr. Santanu Das ... for the opposite party Having gone through the order impugned dated October 5, 2023 passed by the learned Additional Civil Judge (Junior Division), 1st Court, Contai, Purba Medinipur in Title Execution Case No.6 of 2015, this court is of the view that J. Misc. Case No.25 of 2022 should be disposed of on its own merits within November 30, 2023, without granting any adjournments to the petitioner.

The suit has been decreed in 2015. The decree holder has been successful up to the stage of the second appeal. The Title Execution Case No.6 of 2015 is pending since long. Thus, this court does not find any reason as to why there should be any further procrastination in this case. Till the disposal of the J. Misc. Case No.25 of 2022 as directed by this court, delivery of possession shall not be taken from the petitioner.

After disposal of the J. Misc. Case No.25 of 2022, the learned executing court shall proceed in accordance with law.

The revisional application is thus disposed of. All the parties are directed to act on the basis of the server copy of the order.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Shampa Sarkar, J.)