Extracted from the PDF above. The PDF is authoritative.
Item-
31.
sg
10-09-2026
Ct. 6
CO 3096 of 2026 CAN 1 of 2026
Mousumi Debnath nee Sarkar & Ors. Versus Mira Pal
Mr. Naba Kumar Das Mr. Arindam Banerjee Mr. Debayan Roy Chowdhury
…for the petitioners
Basudeb Patra
…for the opposite party
This application under Article 227 of the Constitution of India is at the instance of the judgment debtor and is directed against an order being No. 211 dated 31st August, 2026 passed by the learned Civil Judge (Junior Divisoin), Bongaon in Misc. Case No. 4 of 2014 arising out of Execution Case No. 6 of 2003. By the order impugned, the application filed by the decree-holder/opposite party for delivery of possession with police help, stood allowed. Heard the learned advocates for the parties. The learned advocate appearing for the petitioner submits that, challenging the order dated 31st August, 2026, the petitioner has preferred a Misc. Appeal and the same is still pending. He submits that in the meantime, the possession has already been taken with police help on 9th September,
2026. The learned advocate appearing for the opposite party placed on record the copy of the order dated 28th August, 2026 passed in CO 2863 of 2026. This Court finds that by the order dated 28th August, 2026 passed in CO 2863 of 2026 this Court directed the learned Executing Court to dispose of the misc. case No. 4 of
2 2017 expeditiously. After going through the order impugned, this Court finds that the learned trial judge allowed the prayer for police help by assigning cogent reasons in support thereof. The order impugned does not suffer from any infirmity warranting interference under Article 226 of the Constitution of India. CO 3096 of 2026, accordingly, stands dismissed. In view of the order passed, CAN 1 of 2026 accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities.
(Hiranmay Bhattacharyya, J.)