ABU MIAH Vs. SANJIB DAS

JUDGEMENT

(1.) As per office report, respondents No.1 and 2 stand served. But despite repeated calls, none has entered appearance on their behalf. As such, case will proceed ex parte against them.

(2.) Mr. Bibek Banerjee, learned counsel appearing for the petitioners, makes out a grievance, citing orders passed by the executing Court that despite opportunities afforded, respondents herein are delaying the execution of the judgment dtd. 21/9/2016 and decree thereof passed by learned Civil Judge (Senior Division), Gomati Judicial District, Udaipur, Tripura in case No. Title Suit 09 of 2015, titled as Md. Abu Miah and others v. Smt. Safar Bibi alias Safarernessa Bibi and others, and limited prayer he makes is that the executing Court be directed to decide the execution expeditiously and in accordance with law.

(3.) It is seen that parties have been litigating for the last 4(four) years and the decree passed pertains to restoration of possession of the suit land. It is also seen that even though the executing Court had been cautioning the judgment debtor of the consequences of non-filing of objections, if any, but then on more than 8(eight) occurrences the matter was adjourned for such purpose spread over a period of 8(eight) months.