Calcutta High Court (Appellete Side)
Sri Ajoy Kumar Banerjee vs Sri Prafulla Kumar Banerjee & Ors on 23 June, 2015
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1 23.06.2015
C.O. 3539 of 2014 ss Sri Ajoy Kumar Banerjee Vs. Sri Prafulla Kumar Banerjee & ors.
,,,<,, Mr. Aniruddha Chatterjee Mr. Kushal Chatterjee ... For the petitioner This revisional application is filed under Article 227 of the Constitution of India with a prayer that the execution of final decree passed in 1st April, 1996 be expedited.
Mr. Chatterjee, learned Counsel appearing for the petitioner submits that the partition suit was decreed as back as on 1st April, 1996 and execution is pending since 1996. There is no progress. He submits his client is prejudiced.
Considered the submission made by Mr. Chatterjee, learned Counsel appearing for the petitioner. It appears that there is inordinate delay and the learned Trial Court possibly thinking that the matter should continue for a century. The final decree in the partition suit was passed in 1996 and the decree ought to have been executed by this time but it is continuing for 19 years. Therefore, two months' time is granted to the executive court to complete the execution proceeding. No unnecessary adjournment would be given to any of the parties.
This revisional application is, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocate for the petitioner on usual undertakings within a period of a week.
(Ashoke Kumar Dasadhikari, J.)