Biswa Sekhar Mondal Vs Pradip Kumar Saha and Ors. — Calcutta HC (2026) — LawSathi Research

Biswa Sekhar Mondal Vs Pradip Kumar Saha and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Revision disposed of by request to the Civil Judge (Junior Division), 1st Court, Alipore to dispose of Misc. Case No.160 of 2024 as expeditiously as possible, preferably within three months from the next date fixed, without unnecessary adjournments to either party, and thereafter to endeavour to dispose of Title Execution Case No.93 of 2019 expeditiously, keeping in mind the mandate in Periyammal v. Rajamani, (2025) 9 SCC 568; petitioner to serve copy of the application and order on the opposite parties within a week; no costs.

Issue for consideration

Whether directions should issue for expeditious disposal of Misc. Case No.160 of 2024 (the Order XXI Rules 97-101 CPC resistance to the decree, during which the execution case is stayed) and, following its disposal, for expedition of Title Execution Case No.93 of 2019.

Court's answer

The revisional application was disposed of by requesting the learned Civil Judge (Junior Division), 1st Court, Alipore, South 24 Parganas to dispose of Misc. Case No.160 of 2024 as expeditiously as possible, preferably within three months from the next date fixed, without granting any unnecessary adjournment to either party.

Ratio / Principle

Thereafter, the learned executing court was called upon to endeavour to dispose of Title Execution Case No.93 of 2019 as expeditiously as possible, keeping in mind the mandate of the Hon'ble Supreme Court in Periyammal(dead) through LRS & Ors. –vs- V. Rajamani & Ors., (2025) 9 SCC 568.

Key takeaways

Having regard to the nature of the order proposed, no direction for prior service of the revisional application with notice on the opposite party was made; however, the petitioner remains obliged to serve a copy of the revisional application along with the order on the opposite party within a week from date.ratio¶5

Detailed headnote1 paragraphs

Single-Judge revisional court disposed of C.O. 524 of 2026 (Biswa Sekhar Mondal v. Pradip Kumar Saha and Ors.) without prior notice, requiring the petitioner to serve the application and order on the opposite parties within a week. The petitioner held an unexecuted eviction decree in Title Suit No.526 of 1960, undisturbed up to the second appeal stage; execution (Title Execution Case No.93 of 2019) stood stayed pursuant to an application under Order 21 Rules 97 to 101 of the Code of Civil Procedure, 1908 registered as Misc. Case No.160 of 2024. Requesting expedition, the court asked the Civil Judge (Junior Division), 1st Court, Alipore, South 24 Parganas to dispose of the Misc. Case as expeditiously as possible, preferably within three months of the next date fixed, without unnecessary adjournments to either party, and thereafter to endeavour to dispose of the execution case expeditiously, keeping in mind the mandate of the Hon'ble Supreme Court in Periyammal(dead) through LRS & Ors. –vs- V. Rajamani & Ors., (2025) 9 SCC 568. No costs.

02.04.2026 Sl. No.: 73 Court No.6

BM

C.O. 524 of 2026

BISWA SEKHAR MONDAL VS PRADIP KUMAR SAHA AND ORS.

Mr. Ambu Bindu Chakraborty ... for the petitioner

This revisional application seeks expeditious disposal of Misc. Case No.160 of 2024 arising out of Title Execution Case No.93 of 2019 pending before the learned Civil Judge (Junior Division), First Court at Alipore, South 24 Parganas.

Learned advocate appearing for the petitioner submits that the petitioner had instituted Title Suit No.526 of 1960 for eviction of the opposite party. He submits that such suit was decreed and the decree remains undisturbed until the stage of second appeal before this court.

It is submitted that an execution case was filed thereafter for execution of the decree being Title Execution Case No.93 of 2019 and the same has been pending since then.

He further submits that the opposite parties have filed an application under Order 21 Rule 97 to 101 of the Code of Civil Procedure, 1908 resisting the decree which has been registered as Misc. Case No.160 of 2024

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and in the said Misc. Case an order of stay of Title Execution case No.93 of 2019 have been passed.

Having regard to the nature of the order proposed to be passed no direction for prior service of a copy of the revisional application along with notice on the opposite party is being made, however, the petitioner shall remain obliged to serve a copy of the revisional application along with order on the opposite party within a week from date.

Having heard the learned advocate appearing for the petitioner and having considered the materials on record, this revisional application is disposed of by requesting the learned Civil Judge, Junior Division, 1^st Court, Alipore, South 24 Parganas to dispose of the Misc. Case No.160 of 2024 as expeditiously as possible and preferably within a period of three months from the next date fixed without granting any unnecessary adjournment to either of the parties and thereafter the learned executing court shall endeavour to dispose of the Title Execution Case No.93 of 2019 as expeditiously as possible keeping in mind the mandate of the Hon’ble Supreme Court in the case of Periyammal(dead) through LRS & Ors. –vs- V. Rajamani & Ors., reported at (2025) 9 SCC 568.

C.O. 524 of 2026 stands disposed of with the above observation. No costs.

( Om Narayan Rai, J. )