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2026 DAILYLAW 33919 (CAL)

M/S K N PAUL v. IFTEKHAR ALAM

CO/2500/2026 · 2026-08-06

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 06.08.2026 (AD 24) (S. Banerjee) CO 2500 of 2026 M/s. K. N. Paul Vs. Iftekhar Alam Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya Ms. Priyanka Jana …for the petitioner Mr. Mukherjee, learned advocate appearing for the petitioner submits that though there is no order passed by a competent Court staying further proceedings of the execution case, the Judge of the Executing Court has rejected the application praying for issuance of writ of execution. From the order-sheets appended to this civil revision application this Court finds that a Misc. Case under Section 47 of the Civil Procedure Code, being Misc. Case No. 218 of 2025, is pending adjudication before the learned Executing Court. Mr. Mukherjee, learned advocate appearing for the petitioner submits that the Misc. Case under Section 47 of the Civil Procedure Code may be directed to be disposed of within a specified timeframe and thereafter the execution case be disposed of. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite party. However, the learned 2 advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with a server copy of this order, upon the opposite party or upon the learned advocate representing the opposite party before the learned trial judge forthwith. In the light of the submission made by Mr. Mukherjee, learned advocate appearing for the petitioner, this civil revision application stands disposed of by requesting the learned Civil Judge (Jr. Division), 4th Court at Howrah to take up the hearing of the Misc. Case No. 218 of 2025, if the same is otherwise ready for hearing, and dispose of the same as expeditiously as possible, preferably within a period of eight weeks from the next date fixed, without granting any unnecessary adjournment to either of the parties. After disposal of the misc. case, the learned Executing Court shall make an endeavour to dispose of the Title Execution Case No. 118 of 2023 as expeditiously as possible without granting any unnecessary adjournment to either of the parties keeping in mind the direction passed by the Hon'ble Supreme Court to dispose of the execution case within a certain time limit. (Hiranmay Bhattacharyya, J.)