Shri. Subash Sarkar v. Shri.Salar Bux And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/10/2026 Shri Subash Sarkar Vs.

Shri Salar Bux and Others Mr. K. Vijay Kumar .... for the petitioner February 10, 2026 [SR] Item No.52 From the affidavit of service filed in Court today, it appears that the respondents in this civil revisional application have received notice of this application. However, nobody appears for the respondents.

As recorded in my order dated February 06, 2026, the execution application of the petitioner has been dismissed by the learned executing court on the basis of Regulation 159(2)(ii) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966.

The petitioner/plaintiff filed a suit for specific performance of an agreement for sale of immovable property being T.S.No.29 of 2013 in which a compromise decree was passed. However, the learned executing court refused to execute the decree and dismissed the

execution application saying that execution of the decree is hit by Regulation 159(2)(ii) of the 1966 Regulation. I have heard learned advocate for the petitioner. I am of the view that the learned executing court has misconstrued Regulation of 159(2)(ii) of the 1966 Regulation.

That provision will apply when the concerned plot of land is more than 2.00 hectares in area and after transfer, the area will stand reduced to less than 2.00 hectares. In the present case, the original land is less than 2.00 hectares. Hence, the question of its area being reduced to less than 2.00 hectares, if the decree in question is executed, does not arise. The ground on which the execution application has been dismissed does not hold good. This revisional application is allowed.

The order under revision is set aside. The execution application therefore revives. The learned executing court is requested to consider the execution application afresh in the light of the observations made in this order. CO/10/2026 is disposed of.

Parties to act on the server copy of this order downloaded from the official website of this Court. ( Arijit Banerjee, J. )