Calcutta High Court (Appellete Side)
Smt. Rita Bose vs Smt. Sonali Debnath on 13 April, 2011
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
1 13.04.2011 208 b.r.
C.O. 340 of 2011 Smt. Rita Bose
-vs-
Smt. Sonali Debnath Mr. Manik Lal Poddar, ............ for the petitioner.
Heard the learned advocate for the petitioner. Affidavit of service filed by the petitioner be kept with the record. Registered notice was served upon the opposite party but it was returned with the remark 'refused'. This is treated as duly served.
None appears on behalf of the opposite party. Accordingly, the revisional application is taken up for hearing.
This application is at the instance of the petitioner and it is filed for expeditious disposal of the Misc. Case being Misc. Case No. 259 of 2006 arising out of the Title Execution Case No. 168 of 2006.
The short fact is that the petitioner/decree-holder got a decree for recovery of possession against the predecessor-in-interest of the opposite party/Register. 2 The decree was put into execution by launching the ejectment Execution Case no. 168 of 2006. That application for execution is pending since 2006. In the meantime, the opposite party filed an application under Order 1 Rule 10 of the Civil Procedure Code. That application is also pending for a considerable time. As a result, the execution case has been hauled up. Under the circumstances, I am of the view that intervention of this court is necessary for expeditious disposal of the execution case. Accordingly, this revisional application is disposed of by passing the following orders:-
(i) That the learned Executing court shall hear out the application under Order 1 Rule 10 of Civil Procedure Code on the date fixed i.e. on 16.4.2011.
(ii) That if the hearing could not be done for any reason, it must be heard out on the next working day.
(iii) That in any way, such application under Order 1 Rule 10 shall be disposed of within two weeks from the next date of hearing i.e. from 16.04.2011, and,
(iv) That since the execution case is pending since 2006 as stated above, the learned Executing court is directed to dispose of the said Execution case as early as possible without granting any unnecessary adjournment to either of the parties.
Urgent Photostat certified copy, if applied for, be given to the learned advocate for the petitioner upon compliance of necessary formalities. 3 (PRASENJIT MANDAL, J.)