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2026 DAILYLAW 39505 (CAL)

RANJIT KUMAR KUNDU AND ORS v. SUSANTA KUMAR DAS AND ORS

CO/3027/2026 · 2026-09-09

Hiranmay Bhattacharyya

body2026

Judgment text

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Item- 206. sg 09-09-2026 Ct. 6 CO 3027 of 2026 Ranjit Kumar Kundu & Ors. Versus Susanta Kumar Das & Ors. Mr. Rabiindra Nath Mahata …for the petitioner Mr. Tanmoy Mukherjee Mr. Samir Kumar Adhikari …for the opposite parties Affidavit of service filed in Court is taken on record. This application under Article 227 of the Constitution of India is at the instance of the judgment debtor and is directed against the orders dated August 3, 2026, August 27, 2026 and August 28, 2026 all passed by the learned civil Judge (Junior Division), at Jhargram, District Jhargram in Title Execution Case No. 3 of 2026 arising out of Title Suit No. 27 of 2002. By the impugned orders dated 3rd August, 2026, the execution case was fixed for ex parte hearing. By the order dated 27th August, 2026, the application filed by the judgment debtor/petitioner praying for vacating ex parte hearing of the execution case, stood rejected. By the order dated 28th August, 2026, the application filed by the judgment debtor for appointment of Advocate Commissioner was directed to be kept on record. After hearing the leaned advocate for the respective parties, this Court finds that the immediate grievance of the petitioner is that the execution case is proceeding ex parte. After going through the application filed by the petitioner for vacating the order fixing the execution case for ex parte hearing, this Court is of the considered view that the petitioner made out an acceptable case for vacating the ex 2 parte hearing of the execution case. In view thereof, the orders dated 3rd August, 2026 and 27th August, 2026 are set aside. The leaned Executing Court is directed to permit the petitioner to participate in the execution case no. 3 of 2026. The learned Executing Court is requested to make an endeavour to dispose of the execution case keeping in mind the guideline of the Hon’ble Supreme Court reported in 2025 AIR OnLine 172. Though Mr. Mahata, the learned advocate appearing for the petitioner, in course of his argument, made submissions with regard to the maintainability of the execution case, but this Court has not entered into the merits of such contention and all points are left open to be decided by the Executing Court in accordance with law at the appropriate stage. With the aforesaid observations, this civil revisional application stands disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.)