Item- 59. sg 07-07-2026 Ct. 6 CO 1869 of 2026 Partha Nandi alias Partha Nandy & Anr. Versus Pravat Kundu [ Mr. Ayan Banerjee Ms. Debarsee Dhamali Ms. Riya Ghosh Ms. Debolina Ghosh …for the petitioners Mr. K. Ray …for the respondent The order being no. 9 dated 22nd May, 2026 passed by the learned Civil Judge (Senior Division), Chandernagore, Hooghly, in Misc. Appeal No. 4 of 2026 is under challenge in the civil revisional application at the instance of the appellant. The petitioner was the defendant in a suit for eviction of a licensee, which was decreed ex parte. The petitioners filed a miscellaneous case praying for setting aside the ex parte judgment and decree which stood dismissed. Being aggrieved, the petitioners preferred a miscellaneous appeal. In connection with the misc. appeal, the petitioners filed an application prying for stay of all further proceedings of the execution case no. 456 of 2014 pending before the learned Civil Judge (Junior Division), 1st Court, Chandernagore. Mr. Banerjee, learned Advocate appearing for the petitioners submits that if the decree is executed during the pendency of the misc. appeal, the petitioners will suffer irreparable loss and injury. Mr. Roy, learned Advocate appearing for the respondent submits that there is no merit in the misc. appeal. The petitioners failed to satisfy the learned Trial Judge that the defendant was prevented by sufficient cause for not appearing in the suit. He submits that the learned Trial Judge, after considering the materials on record, dismissed the miscellaneous case. He further submits that the execution case is pending from the year 2014 and the opposite party being the decree-holder is being prevented from enjoying the fruits of the decree. After hearing the learned Advocates for the respective parties, this Court finds that 10th August, 2026 has been fixed for receiving the trial court’s records and for hearing of the appeal. Being aggrieved by a judgment and order rejecting the miscellaneous case under Order 9 Rule 13 of the Code of Civil Procedure, the petitioners have preferred the instant appeal. If during the pendency of the miscellaneous appeal the ex parte decree is executed, the instant appeal will become infructuous, It will result in multiplicity of proceeding and the petitioner will suffer irreparable loss and injury unless an interim order is passed. For such reason, this Court is inclined to pass an interim order. However, this Court cannot shut its eyes to the fact that the execution case is also pending from the year 2014. This Court therefore, feels that direction for expeditious hearing of the misc. appeal will serve the interest of justice. In view thereof, this civil revisional application is disposed of by requesting the learned Civil Judge (Senior Division), Chandernagore, Hooghly to take up the hearing of the misc. appeal no. 4 of 2026 on the next date fixed i.e. 10th 2 August, 2026 and to make all endeavour to dispose of the same as expeditiously as possible but positively by the end of the month of November, 2026 without granting any unnecessary adjournment to either of the parties. There shall be an order of stay of all further proceedings in Title Execution Case No. 456 of 2014 pending the learned Civil Judge (Junior Division), 1st Court at Chandernagore till the disposal of the said miscellaneous appeal. In the event, the trial court records are not received on or before 10th August, 2026, the learned Judge of the Appeal Court shall fix a short date of hearing and shall ensure that the trial court records reaches the Appellate Court on or before the next date of hearing. With the above observations, this civil revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requite formalities. (Hiranmay Bhattacharyya, J.) 3