CO/3358/2026 of DILIP KUMAR ROY Vs LAKSHI KANTA SAIN on 29 September 2026

D/L- 14 29/09/2026 Ct. No.- 6 Aritra C.O. 3358 of 2026

Dilip Kumar Roy Vs. Lakshi Kanta Sain

Mr. Rabindra Narayan Dutta Mr. Jagabandhu Roy Ms. Manasi Roy ….for the petitioner

Mr. Prosenjit Mukherjee ….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.23 dated August 25, 2026 passed by the learned Civil Judge (Jr. Div.), 2nd Court at Arambagh, District-Hooghly in Title Execution Case No.16 of 2024. By the order impugned the application for stay filed by the petitioner before the executing court stood rejected. The decree passed in Title Suit No.43 of 2017 was put into execution giving rise to the Title Execution Case No.16 of 2024. Mr. Dutta, learned advocate appearing for the petitioner submits that the petitioner preferred Title Appeal No.9 of 2024 challenging the judgment and decree dated January 11, 2024. He submits that though an application for stay of the execution case was filed before the appellate court but the same has not yet been taken up for hearing. Mr. Dutta, learned advocate appearing for the petitioner prays for a direction upon the learned judge of the appellate court to take up the hearing of the stay application on the next date fixed i.e. on October 7, 2026. Mr. Mukherjee, learned advocate appears for the opposite party submits that the writ of possession has already been issued and November 21, 2026 is fixed for execution report of the writ. After going through the order impugned, this Court finds that the learned judge of the appellate court after noting that even after withdrawal of the boycott in the year 2024 no order of stay has been passed by the appellate Court. Mere pendency of an appeal cannot operate as a stay of the execution case. Since no order of stay has yet been passed by the appellate Court, the executing Court cannot be faulted for proceeding with the execution case. The order impugned does not suffer from any infirmity warranting inference under Article 227 of the Constitution of India. At this stage Mr. Dutta, learned advocate for the petitioner submits that the next date is fixed before the appellate court on October 7, 2026 and the learned judge of the appellate court be directed to take up the hearing of the stay application on that date. CO 3358 of 2026 stands disposed of without interfering with the order impugned and by requesting the learned Civil Judge (Sr. Div.), at Arambagh, District- Hooghly to take up the hearing of the stay application on the next date fixed and dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. It is, however, made clear that this order shall not preclude the executing court from proceeding in accordance with law in the meantime. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.)