ABUZAR MAHAMMAD FAIZUR RAHMAN v. ABEDA KHATUN AND ORS
CO/3408/2026 · 2026-09-25
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43205 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43205 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 6 (265719) 25.09.2026
(AD 29)
(S. Banerjee) CO 3408 of 2026
Abuzar Mahammad Faizur Rahman Vs. Abeda Khatun & Ors.
Mr. Tapas Kumar Roy Mr. Mrityunjay Saha Mr. Umesh Kumar Saw
…for the petitioner
This application under Article 227 of the Constitution of India is at the instance of the decree- holder praying for a direction upon the learned Civil Judge (Sr. Division), 2nd Court, Contai to dispose of J. Misc. Case No. 43 of 2025 expeditiously. Learned advocate appearing for the petitioner submits that the decree was put into execution giving rise to Title Execution Case No. 3 of 2023 and the opposite-party no. 1 filed an application under Section 47 of the Civil Procedure Code which is still pending and an order of stay of all further proceedings has been passed. After going through the order-sheets appended to this application this Court finds that August 10, 2026 was fixed for hearing of the J. Misc. Case No. 43 of 2025.
2 Learned advocate appearing for the petitioner submits that September 28, 2026 is the next date fixed for hearing of the J. Misc. case. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned 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 parties or upon the learned advocate representing them before the learned executing court forthwith. In the light of the submission made by the learned advocate appearing for the petitioner this civil revision application stands disposed of by requesting the learned Civil Judge (Sr. Division), 2nd Court, Contai to make an endeavour to take up the hearing of J. Misc. Case No. 43 of 2025 on the next date fixed, i.e., on September 28, 2026, and make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties. After disposal of the said J. Misc. case and any other misc. case that may be pending, the learned executing court shall make an endavour to dispose of the execution case as expeditiously as possible.
(Hiranmay Bhattacharyya, J.)