Sl.132-133 13.08.2026 Court No.6 BP C.O. 2578 of 2026 Aloke Kumar Tewari & Ors. -versus- Asit Kumar Tewari & Ors. With C.O. 2579 of 2026 Mr. Kishore Mukherjee Mr. Soumyajit Mukherjee ..for the petitioners Mr. Sukanta Chakraborty Mr. Anindya Halder ..for the opposite party nos. 1 to 5 Re : C.O. 2579 of 2026 This application under Article 227 of the Constitution of India is at the instance of the judgement debtor and is directed against the later part of the order dated 27th July, 2026 passed by the learned Civil Judge (Senior Division), Additional Court at Purulia in Title Execution Case No. 02 of 2009. By the order impugned the learned judge of the executing court directed issuance of writ and fixed 29th August, 2026 for its execution and return. The learned advocate appearing for the petitioners submits that the certified copy of the final decree in the partition suit along with the commissioner’s report and the sketch map were not available with the executing court for verifying the correctness of the writ which was proposed to be issued. In support of such contention he 2 draws the attention of the Court to the information slip supplied by the office of the said court which is annexed at page 24 of the civil revisional application. The learned advocate appearing for the opposite parties submits that the certified copy of the final decree passed in the suit for partition along with other necessary documents were filed along with the application for execution. He submits that the order impugned does not suffer from any infirmity. After going through the documents annexed at page 23 of the civil revisional application this Court finds that the petitioners applied for the certified copy of the judgement, preliminary decree, final decree, commissioner’s report and sketch plan and from the information supplied by the office of the concerned court which is annexed at page 24 of the civil revisional application, this Court finds that it has been stated therein that the application for certified copy is not available. The learned judge of the executing court directed the ministerial staff of the court to verify the draft of the writ as submitted by the decree holder to examine its correctness and pursuant thereto a report in writing was submitted by the concerned officer stating that the draft writ was without any error and there was no stay order as on said date. Merely because of the fact that the application for certified copy at the instance of the petitioners herein was 3 not available with the records, the same cannot be a ground for stalling an execution proceedings as the learned judge of the executing court has recorded its satisfaction about the correctness of the draft writ. After considering such factual position the learned Civil Judge (Senior Division), Additional Court at Purulia directed issuance of writ and fixed 29th August, 2026 for its execution and return. The impugned order does not suffer from any infirmity warranting interference under Article 227 of the Constitution of India. With the above observations, C.O. 2579 of 2026 stands disposed of. Re: C.O. 2578 of 2026 This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against an order dated 17th July, 2026 passed by the learned Civil Judge (Senior Division), Additional Court at Purulia in Misc. Case No. 44 of 2026 arising out of Title Suit No. 35 of 1979. The judgement debtors/petitioners filed an application under Section 151 and 153 of the Code of Civil Procedure praying for setting aside the final decree on the ground that the Pleader Commissioner appointed by the court did not carry out the commission work in accordance with law. 4 The learned advocate appearing for the petitioners submits that the report prepared was an erroneous one and for such reason the final decree is required to have been set aside. The learned judge of the executing court took note of the submissions of the learned advocate for the petitioners and observed that the report filed by the Pleader Commissioner which forms the foundation of the final decree was never challenged by the petitioners before any court and challenging the same at the stage of execution. Final decree in the partition suit has already attained finality and the correctness of such decree cannot be challenged at the stage of execution. There is no infirmity in the impugned order. Accordingly, C.O. 2578 of 2026 stands dismissed. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)