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2026 DAILYLAW 26634 (CAL)

PULU SARKAR AND ORS v. BALBAHADUR BARMAN AND ORS

CO/1/2026 · 2026-07-07

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.07.2026 Sl. 11 Amalranjan Ct.No.-4 CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CO 1 of 2026 PULU SARKAR AND ORS VS BALBAHADUR BARMAN AND ORS 1. The instant revisional application has been filed under Article 227 of the Constitution of India, seeking expeditious hearing of Partition Execution Case no. 06 of 2010 arising out Partition Suit no. 37 of 2002 pending before the learned Civil Judge (Senior Division), Jalpaiguri. 2. The prayer is innocuous. However, during pendency, it was revealed that the record of the Partition Execution Case no. 06 of 2010 arising out Partition Suit no. 37 of 2002 was misplaced. Due to misplaced of such record, the matter could not be proceeded. Vide order dated 27.04.2026 the Executing Court was requested to pass appropriate order for reconstruction of the record of the Execution case at the earliest, preferably within a month from the date of communication of the order and to proceed with the Execution case in accordance with law expeditiously. 3. Subsequently, this court asked the District Judge, Jalpaiguri to submit a report in view of the order dated 9th January, 2026. 4. The District Judge, Jalpaiguri Vide Memo No. 1301 dated 04.07.2026 has submitted a report indicating therein that the construction of the case record of Title Execution case no. 6 of 2010 has already been completed and the date of the case has been fixed on 18.06.2026 for taking steps by the Decree Holder and subsequently, it has been further fixed on 18.07.2026. 5. The record has been reconstructed by the Executing Court. Therefore, there is nothing further remain to keep this revisional application pending. 6. Accordingly, the revisional application being C.O. 1 of 2026 is hereby disposed of without any order as to costs. 7. Consequently, the connected application, if any, is, thus, disposed of. 2 8. The Executing Court is directed to expedite the Execution Case as expeditiously as possible without granting unnecessary adjournment and come to a logical conclusion. 9. Interim order, if any, stands vacated. 10. All parties shall act in terms of the copy of this order duly downloaded from the official website of this Court. 11. Urgent certified photocopy of this order, if applied for, be supplied to the parties taking all legal and necessary formalities. (Ajay Kumar Gupta, J.) 3