Shibu Saha @ Sibu Saha v. State Of West Bengal & ANR

13.05. 2022 item No.30 n.b.

ct. no. 34 CRR 2975 of 2013 + IA No. CRAN 1 of 2013(Old No. CRAN 2821 of 2013) Sri Sibu Saha @ Shibu Saha Vs.

The State of West Bengal & Anr.

The revisional application has been preferred in connection with order dated July 23, 2013 passed by the Learned 7th Judicial Magistrate, South 24 Parganas at Alipore in Mise. Execution Case no.45 of 2013 which arose out of Mise. Case no.5147 of 2012.

I find from the said order dated July 23, 2013 that the present petitioner did not appear before the Court and as such the Learned Court was pleased to issue distress warrant and fix a subsequent dated for execution return.

The records of the revisional application reflect that a Coordinate Bench on 2.9.2013 was pleased to stay the operation of the order till September 10, 2013. Subsequently, the said interim order was not extended and in the mean time more than eight years have passed.

Having regard to the period of time which has lapsed in the mean time, I am of the opinion that the revisional application has become influctuous.

Accordingly, CRR 2975 of 2013 is dismissed.

All pending connected applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)