Item- 43. sg 28-08-2026 Ct. 6 CO 2894 of 2026 Tarak Barman & Anr. Versus Raj Sekhar Dhara & Ors. Mr. A. Bhattacharyya …for the petitoners Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya Ms. Priyanka Jana …for the opposite parties This application under Article 227 of the Constitution of India is at the instance of the defendant nos.7 and 8 and is directed against an order being No. 142 dated 14th August, 2026 passed by the learned Civil Judge (Senior Division), 2nd Court at Chinsurah in Miscellaneous Case No. 2 of 2024. The learned advocate appearing for the petitioners submits that by the order impugned, the learned Judge has observed that the decree may be executed pending disposal of the Misc. Case under Order 9 Rule 13 of the Code of Civil Procedure. Mr. Mukherjee, the learned advocate appearing for the opposite parties, however, disputes such submission of the learned advocate for the petitioners. He submits that by the order impugned, the learned Judge has already observed that the execution case shall remain stayed. He submits that by an order dated 7th August, 2026 passed by the learned Civil Judge (Senior Division), 2nd Court at Chinsurah, Title Execution Case no. 3 of 2024 along with the execution case shall remain paused during the pendency of the misc. case under Order 9 Rule 13 of the Code of Civil Procedure. After going through the order dated 7th August, 2026 2 passed by the learned Judge in Title Execution Case No. 3 of 2024 and the order dated 14th August, 2026 passed in Misc. Judicial Case No. 2 of 2024, this Court finds that contradictory observations have been made by the learned Judge in the aforesaid order. In one paragraph it has been stated that the execution shall remain paused while in the subsequent portion, it has been recorded that the prayer for stay of the execution case cannot be approved. From the order dated 7th August, 2026 this Court finds that the learned Judge has observed that an endeavour shall be made to dispose of the misc. case under Order 9 Rule 13 of the Code within one month from the next date of hearing. It is uniformly submitted by the learned advocates for the respective parties that 2nd September, 2026 is fixed for hearing of the Misc. Case under Order 9 Rule 13 of the Code of Civil Procedure. Since the Misc. Case under Order 9 Rule 13 of the Code of Civil Procedure has been filed praying for setting aside of the ex parte decree and the decree-holder opposite party no.1 has already put the ex parte decree into execution, this Court is of the considered view that interest of justice would be sub-served if the execution case is stayed till the disposal of the misc. case under Order 9 Rule 13 of the Code of Civil Procedure. This civil revisional application stands disposed of by directing that there shall be an order of stay of all further proceeding in the title execution no. 3 of 2024 pending before the learned Civil Judge (Senior Division), 2nd Court at Chinsurah till the disposal of the Misc. Case no. 2 of 2024 pending before that court. 3 The learned Trial Judge is requested to make an endeavour to dispose of the misc. case in the light of the observation made in the impugned order. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisites formalities. (Hiranmay Bhattacharyya, J.)