Dharam Dasi Tirkey v. Kamala Sarkar And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
CO/33/2024 Smti. Dharam Dasi Tirkey ...Petitioner/ Decree Holder Vs.
Smti. Kamala Sarkar and Ors.
... Opposite Parties/Judgment Debtors Mr. K.M.B Jayapal ... for the Petitioner February 18, 2025 (M.A.Mobin) Item No.4
1. None appeared on behalf of the Opposite Parties.
2. This Revisional application has been preferred assailing the order dated 24th April, 2023 and other consequential orders passed by the Ld. Civil Judge, Senior Division, Mayabunder.
3. Mr. Jayapal, learned Counsel appearing on behalf of the Petitioner has submitted that the Petitioner obtained ex parte decree in a Suit for specific performance of contract wherein defendants were directed to execute a registered sale deed in favour of the plaintiff within 60 days from the date of this order after receiving Rs.10,000/- being the balance amount of the total consideration money to the tune of Rs.1 Lakh only.
4. Mr. Jayapal has further contended that after ex parte decree was passed executing Court cannot call for any further valuation report from the concerned Tehsildar, with regard to the subject property.
5. I find from the impugned orders that though the learned Executing Court called for report from the Tehsildar but that was not acted upon till date.
6. Mr. Jayapal has submitted that learned Executing Court cannot go beyond the decree which was passed in connection with a property to the tune of Rs.1 Lakh only.
7. I am in full agreement with Mr. Jayapal to the effect that ex parte decree was passed in respect of a suit for specific performance of contract of a property valued at Rs.1 Lakh and out of that total amount of Rs.1 Lakh the Petitioner herein had already paid Rs.90,000/- and that is the reason the Ld. Trial Judge directed the Plaintiff to pay the balance amount of Rs.10,000/- and further direction was given to the Defendants to execute their registered Sale Deed in favour of the Plaintiff.
8. Considering the submission advanced by Mr. Jayapal as well as having gone through the order dated 29.12.2015, I am also of the view that the learned Executing Court cannot call for a report from Tehsildar to ascertain the valuation of the
property which was already ascertained in the ex parte order dated 29.12.2015 in respect of a suit for specific performance of contract of sale of the suit land valued at Rs.1 Lakh.
9. In the aforesaid view of the matter, the instant Revisional application stands disposed of with a request to the Executing Court to execute the decree in compliance with the decree passed on 29.12.2015, as expeditiously as possible preferably within eight weeks from the date of communication of this order since the matter is pending for long ten years.
10.
Learned Counsel appearing on behalf of the Petitioner has liberty to communicate this order to the learned Executing Court.
11.
Both the parties of this Revisional application will act upon the order uploaded in the website of this Court.
(Bibhas Ranjan De, J.)