Lila Mistry And ORS v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/193/2024 Lila Mistry and Others Vs.

The Andaman and Nicobar Administration and Others Ms. M. Dhana Lakshmi ... for the petitioners Ms. Babita Das ... for the respondents March 19, 2024 [AKB] Item No.10 It appears that the earlier writ petition being WPA/129/2024 (Lila Mistry and Others - versus - The Andaman and Nicobar Administration and Others) filed by the petitioners in this case was disposed of by a Coordinate Bench of this Court by an order dated February 21, 2024 with the following orders : "Learned advocate appearing for the petitioner prays for liberty to withdraw this writ petition and to pursue the remedy before the appropriate forum against an order of Civil Court for execution of its decree between the private parties and the petitioners considering his such prayer, this writ petition being WPA/129/2024 is dismissed for non prosecution with liberty to seek remedy before the appropriate forum by initiating appropriating proceeding."

Ms. Babita Das, learned Advocate appearing for the respondents submits that this writ petition has been filed with the similar prayers as those made in the earlier writ petition. In any event, a final decree passed by a Civil Court cannot be executed by the relevant Tehsildar. In paragraph 13 of this writ petition some vague statements have been made with regard to the status of the execution case being Title Execution Case No. 04 of 2022.

Learned Advocate appearing for the petitioner, however, submits that the execution case is still pending. Since the petitioners' prayer, in substance, is to execute a final decree passed in partition suit, I am not inclined to entertain this writ petition.

Accordingly, this writ petition being WPA/193/2024 is dismissed.

( Kausik Chanda, J. )