Shri. Perminder Lal v. Dr. Sita Cherian

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CO/22/2025 Shri. Perminder Lal Vs Dr. Sita Cherian Mr. Gopala Binnu Kumar ... for the petitioner April 9, 2025 [AKB] Item No.9

1. The learned counsel for the petitioner has submitted that petitioner being a decree holder has filed the execution application being No. 13 of 2024 before the Civil Judge (Senior Division), Port Blair, and the decree holder is under the obligation to issue the notice upon the judgement debtor as decree was passed more than two years ago.

2. The case was instituted on 19.12.2024. The first hearing of the case was fixed on 18.12.2024 and thereafter 07.03.2025. On 07.03.2025 the learned executing court has fixed the next date on 21.07.2025 for steps by the decree holder.

3. Learned counsel for the petitioner has submitted that there is no reason for fixing a date after more than four months for taking steps by the decree holder. The

learned counsel has also submitted that the relevant suit was filed in the year 2010 and a contested decree was passed in the year 2019.

Therefore, the plaintiff/petitioner is unable to execute the relevant decree even after institution of such suit almost fifteen years ago. The learned counsel has also drawn the attention of this Court of the recent judicial decision of the Hon'ble Apex Court in Civil appeal Nos. 3640 - 3642 of 2025 passed on March 6, 2025 in support of his contention that the execution proceeding should be completed within six months.

4. I find merits in the submission of the learned counsel. The relevant paragraph of the Hon'ble Supreme Court in above civil appeal may be quoted herein below: "In view of the aforesaid, we direct all the High Court across the country to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions. Once the data is collected by each of the High Courts, the High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. Once the entire data along with the figures of pendency and disposal thereafter, is collected by all the High Courts, the same shall be forwarded to the Registry of this Court with individual reports."

5. In view of the above I find that this is a serious issue and the learned executing court should consider the

direction of the Hon'ble Apex Court in proper perspective.

6. The civil revisional application stands allowed.

7. The executing court i.e. Civil Judge (Senior Division), Port Blair is directed to prepone the date of taking steps from 21st July, 2025 to any other convenient date as the diary of the court permits. The order date 07.03.2025 passed in Other Execution Case No. 13 of 2024 of Civil Judge (Senior Division), Port Blair is set aside.

8. The decree holder is at liberty to file the appropriate petition before the learned executing court below for preponing the date as indicated above.

9. Let a copy of this order sheet be communicated to the learned Civil Judge (Senior Division), Port Blair with a request to dispose of the matter as expeditiously as he can in view of the judicial decision of the Hon'ble Apex Court.

10.

The CO/22/2025 is thus disposed of accordingly.

(Apurba Sinha Ray, J.)