Calcutta High Court (Appellete Side)
Amit Kumar Banerjee vs Secretary on 15 September, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
46
15.09.2014
pg.
CO 2771 of 2014 Amit Kumar Banerjee Vs. Secretary, Chittaranjan Sporting Club & Ors.
Mr Ayan Banerjee Ms D. Dhamali ... For the petitioner The opposite parties are not represented despite due service, particularly on the president of the club and on advocates representing the opposite parties in the court below.
The petitioner is the decree-holder, having succeeded in a second appeal before this Court. The execution of the decree has been stalled upon a petition under Section 47 of the Code being filed by a person claiming to be the president of Chittaranjan Sporting Club. A copy of the relevant petition has been produced in Court and there appears to be sufficient basis to the petitioner's assertion by placing such petition that it makes out no grounds under the relevant provision.
The immediate grievance of the petitioner is that despite a previous direction of this Court issued on April 11, 2011 requiring the execution proceedings to be disposed of within four months from the date of receipt of a copy of the order, the executing court has allowed multiple witnesses to be called by the opposite parties with a view to only delay the implementation of the decree and tire out the petitioner.
2The executing court is duty-bound to ensure that the person who has obtained a decree is entitled to enjoy the same. An executing court cannot remain a passive on-looker in its process being abused by multiple witnesses being brought in support of a dodgy petition to resist possession being recovered under the decree. In particular, when a previous direction of this Court was issued requiring the expeditious disposal of the execution proceedings, the executing court was obliged to ensure that the execution proceedings were concluded within reasonable time of the period indicated by such order.
CO No.2771 of 2014 is disposed of by directing the Civil Judge (Junior Division), 3rd Court, Serampore to dispose of Title Execution Case No.1 of 2008 within four months of the receipt of a copy of this order. The petitioner will be entitled to forward a copy of this order to the District Judge, Hooghly for the District Judge to monitor the progress of the execution case and ensure compliance with this order.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Sanjib Banerjee, J.)