Disposed

Partha Chandra @ Kabir Chanda v. Manju Chakraborty

Calcutta HC5 Oct 2021CO/1790/2021

Case brief

AI extract

What is this about?

This High Court exercise its supervisory jurisdiction under Article 227 to direct the executing court to dispose of a pending Misc. Case No.199 of 2018 arising out of an execution case expeditiously. The Court issued imprecisely proceedings and granted opportunities for hearing without unnecessary adjournments.

What did the court decide?

Directed the executing court to dispose of Misc. Case No.199 of 2018 expeditiously without unnecessary adjournments.

Partha Chandra @ Kabir Chanda Vs Manju Chakraborty — Execution and Attachment | Calcutta HC (2021)

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05.10.2021 Item No.9 Ct. No.7 CHC

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C.O.1790 of 2021 (Physical Hearing)

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Sri Partha Chanda @ Kabir Chanda Vs. Smt. Manju Chakraborty

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Mr. Amrit Lal Dhar

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…for the petitioner

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The Court is approached under Article 227 of the Constitution of India, soliciting a direction to ensure expeditious disposal of an execution case being Title Execution Case No.17 of 2006, now pending before the learned Civil Judge (Senior Division), 1^st Court, Barasat, North 24 Parganas.

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Mr. Amrit Lal Dhar, learned advocate representing the petitioner submits that petitioner won the suit in the year 2006, in connection with a suit for specific performance of contract, and execution case thereafter was preferred in the year 2006. But till date the fruits of the decree, according to the petitioner,

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has not been made available to the decreeholder/petitioner resulting in serious prejudice caused to the valuable rights of the petitioner/decreeholder.

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In such context, learned advocate for the petitioner proposes for an innocuous direction so that pending execution case may be disposed of expeditiously.

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Upon perusal of the xerox copy of the orders of the lower court record, annexed with the instant revisional application, it appears that a Misc.Case No.199 of 2018 arising out of Title Execution Case No.17 of 2006 is pending in the learned court below and that execution case is relatable to Section 47 of the C.P.C.

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With reference to such Miscellaneous Case, learned advocate for the petitioner clarifies that such Misc.Case under Section 47 C.P.C. was filed in the year 2018, which is nothing but a purposive simply to harass the decreeholder.

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It is candidly submitted by the learned advocate for the petitioner that neither any revisional application, nor any appeal is pending before any superior court pertaining to the decree, sought to be excluded in this case.

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In view of the nature of the order proposed to be made and the points sought to be addressed by the court, the Court is of the view that it does not require any extensive hearing, and the same may even be disposed of instantly recording a suitable direction therefor, without securing presence of the opposite

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parties. Accordingly, the service of notice upon the opposite party stands dispensed with.

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Learned executing court below is directed to dispose of the pending Misc.Case No.199 of 2018 expeditiously as possible providing sufficient opportunities of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable, so that logical conclusion of the pending Misc.Case may be reached at an early date.

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Petitioner is directed to make communication of this order to the opposite party/JDR and her learned advocate appearing in the court below, apart from making independent communication to the learned court below.

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The Court reposes confidence that after the disposal of the pending Misc.Case, the learned executing court shall put his sincerest effort to dispose of the pending execution case within a shortest possible opportunity.

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With the above observations/directions, the instant revisional application stands disposed of.

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Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.

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(Subhasis Dasgupta, J.)

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Partha Chandra @ Kabir Chanda v. Manju Chakraborty

Case brief

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Partha Chandra @ Kabir Chanda v. Manju Chakraborty

Case brief

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