Court No. 6 (265719) 18.08.2026 (AD 32) (S. Banerjee) CO 2747 of 2026 Himarun Sanyal Vs. Hirok Sanyal & Ors. Mr. Sanjay Mukherjee Mr. Souvik Mitra …for the petitioner Mr. Sourav Sen, Sr. Advocate Ms. Subhangi Bhattacharya Mr. Ashis Kumar Dutta Ms. Swarupa Singha …for the opposite-party no. 1 This application under Article 227 of the Constitution of India is at the instance of the defendant no. 1(a) and is directed against an order dated August 3, 2026 passed by the learned Civil Judge (Sr. Division) 10th Court at Alipore in Misc. Case No. 61 of 2026 arising out of Title Execution Case No. 40 of 2021. By the order impugned, the prayer for stay of all further proceedings of the execution case, stood rejected and a date was fixed for hearing of the misc. case filed under Section 47 of the Civil Procedure Code. Mr. Mukherjee, learned advocate appearing for the petitioner submits that the final decree passed in the partition suit is inexecutable for which the petitioner had filed an application under Section 47 of 2 the Civil Procedure Code which has been registered as Misc. Case No. 61 of 2026. He submits that the learned judge of the Executing Court ought not have rejected the prayer for stay without appreciating that the misc. case under Section 47 of the Civil Procedure Code is pending. Mr. Sen, learned Senior Advocate appearing for the opposite-party no. 1/plaintiff submits that as per the direction of the Court the decreeholder nos. 4 to 6 were handed over peaceful and khas possession in respect of their respective portion of decreetal property and they have erected wall in the presence of police officials. However, the said wall was demolished on the very next day which prompted the aforesaid opposite-parties to file an application before the learned executing court to re-erect the said wall. He submits that the learned Judge by an order dated August 3, 2026 allowed the application dated November 11, 2025 by observing that there is no impediment in permitting the decree-holder to re- erect the broken wall and fixed the matter on August 17, 2026 for hearing the misc. case. He submits that on August 17, 2026 they filed an application for recording the fact that the opposite-party no. 1 has already re-erected the broken wall and have installed the gate. Copy of the application be kept on record. 3 By the order impugned, the learned Judge of the Executing Court after rejecting the prayer for stay fixed a date for hearing of the Misc. Case. To the mind of this Court, the Misc. Case under Section 47 would be rendered in fructuous if the execution is not stayed in the meantime. Since a Misc. Case under Section 47 of the Civil Procedure Code is pending, this Court is of the considered view that interest of justice would be subserved if a direction is passed upon the learned Judge of the executing court to dispose of the same as expeditiously as possible. This civil revision application is disposed of by requesting the learned Civil Judge (Sr. Division) 10th Court at Alipore to take up the hearing of the Misc. Case no. 61 of 2026 on the next date fixed, if the same is otherwise ready for hearing and to make an endeavour to dispose of the same as expeditiously as possible, preferably within a period four weeks from the next date fixed, without granting any unnecessary adjournment to either of the parties. There shall be an order of stay of all further proceedings in the Title Execution Case No. 40 of 2021 till the disposal of the said misc. case. (Hiranmay Bhattacharyya, J.)