Prativa Saha And ORS v. Upen Das And ORS

24.12.2021 (S/L-03) Ct.No.-3 (A.J & S.M) Calcutta High Court in the Circuit Bench at Jalpaiguri Civil Revisional Jurisdiction (Via Video Conference) C.O. 99 of 2021 Smt. Prativa Saha & Ors.

-versus- Sri Upen Das & Ors.

Mr. Sunil Kumar Sarkar, Ms. Smita Sinha ......For the petitioners.

Mr. Aditi Shankar Chakraborty, Ld. A.P.P Mr. Sagnik Sankar Sikdar, ...For the I.C. Bhaktinagar Police Station.

The petitioners are the decree-holders of the decree for recovery of possession passed in the Title Suit No. O.C. 248 of 1997.

The petitioners are complaining that pursuant to an order of the Executing Court they have deposited the costs of police assistance for execution of the said decree in the year 2019, but till date police assistance has not been provided to them.

When it appeared from the records that the I.C. Bhaktinagar Police Station is not appearing before the Executing Court in spite of direction, this Court by the order dated December 23, 2021 directed personal appearance of the said officer before this Court.

The said officer is present and is represented by Mr.

Aditi Shankar Chakraborty, Learned A.P.P.

Mr. Chakraborty assures this Court that in future the said officer shall comply with the direction of the Executing Court either personally or through any officer subordinate to him.

Under such circumstances, C.O. 99 of 2021 is disposed of by requesting the Executing Court to dispose of the said execution case as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

There shall be no order as to costs.

The personal appearance of I.C, Bhaktinagar Police Station is dispensed with. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.

(Biswajit Basu, J.)