Disposed¶11

Prabhangshu Sekhar Patra v. Himangshu Sekhar Patra

Calcutta HC4 Aug 2025CO/1890/2024

Case brief

AI extract

What is this about?

Article 227 Constitution of India; decree-holder; expedite disposal of execution case; Title Execution Case No.2 of 2023; Civil Judge (Sr. Div.) Kakdwip; South 24-Parganas; C.O. 1890 of 2024; steps order dated April 24, 2024; disposal without notice to opposite party; no unnecessary adjournments; no order as to costs; Hiranmay Bhattacharyya.

What did the court decide?

No formal direction was issued; the application was disposed of with an expressed hope and trust that the learned Civil Judge (Sr. Div.), Kakdwip would dispose of Title Execution Case No.2 of 2023 expeditiously without unnecessary adjournments to either party; the petitioner's advocate must forward a copy of the application and this order to the opposite party or its advocates before the Executing Court; no order as to costs. ¶11

Prabhangshu Sekhar Patra Vs Himangshu Sekhar Patra — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether a direction should issue upon the learned Civil Judge (Sr. Div.), Kakdwip, District-South 24-Parganas to dispose of Title Execution Case No.2 of 2023, in which the petitioner is the decree-holder, expeditiously.

¶6

Court's answer

In light of the submission that steps had been taken pursuant to the April 24, 2024 order, C.O. 1890 of 2024 was disposed of with the hope and trust that the learned Civil Judge (Sr. Div.), Kakdwip, District-South 24-Parganas would make an endeavour to dispose of Title Execution Case No.2 of 2023 in accordance with law as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

¶11

Ratio / Principle

In view of the order sought and proposed to be passed, the Court held there was no necessity to direct issuance of any notice upon the opposite party; instead, the petitioner's advocate was obliged to forward a copy of the application along with the order to the opposite party or its advocates before the learned Executing Court.

¶7

Detailed headnote1 paragraphs

Single-judge order disposing of C.O. 1890 of 2024, an application under Article 227 of the Constitution of India by decree-holder Sri Prabhangshu Sekhar Patra against opposite party Himanshu Sekhar Patra, praying for a direction upon the learned Civil Judge (Sr. Div.), Kakdwip, District-South 24-Parganas to dispose of Title Execution Case No.2 of 2023 expeditiously. The order sheets showed that by an order dated April 24, 2024 the decree-holder had been directed to take steps in accordance with law, and counsel submitted those steps had been taken. Holding no notice upon the opposite party necessary, the Court required the petitioner's advocate to forward a copy of the application and the order to the opposite party or its advocates before the Executing Court, and disposed of the application with the hope and trust that the Civil Judge (Sr. Div.), Kakdwip would endeavour to dispose of Title Execution Case No.2 of 2023 in accordance with law as expeditiously as possible without granting unnecessary adjournments to either party. No order as to costs. - Hiranmay Bhattacharyya, J.

Prabhangshu Sekhar Patra v. Himangshu Sekhar Patra

Case brief

What is this about?

What did the court decide?

Prabhangshu Sekhar Patra v. Himangshu Sekhar Patra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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