Single line, thin order disposing of civil revision application on title execution case. No substantive legal proposition. Only disposition recorded as remand for execution of writ of possession alongside existing decree proceedings.
Directed trial court to instruct Partition Commissioner to deliver possession to petitioners after notifying parties.
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20.7.2023
ct. 236
sk,sl.29 C.O. 3473 of 2014 Sukumar Majhi & Ors.-vs-Basanta Kr. Ghosh Mr. Sabyasachi Mukhopadhyay
Ms. Koushikee Banerjee
…for petitioners.
Ms. Saheli Mukherjee…for the O.P.
Heard Ms. Mukherjee, learned counsel for the opposite party who informs the court that the Title Execution Case No. 7 of 2001 is still pendidng for delivery of possession to the parties in terms of the final decree.
Mr. Mukhopadhyay, learned counsel representing the petitioners submits that the property allotted to him in terms of final decree should also be delivered.
Under such circumstances, the petition under consideration is disposed of with the direction upon the learned trial court to instruct the learned Partition Commissioner, who has been given the writ to deliver property allotted to all the defendants/judgment debtors in terms of final decree to deliver the possession allotted to the petitioners/defendants.
It is expected that learned Partition Commissioner shall notify the parties before executing the writ of possession in terms of order of this court.
This revisional application is thus disposed of.
Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions.
(Siddhartha Roy Chowdhury, J)
Sukumar Majhi & Ors.
Basanta Kr. Ghosh
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
