MANOJ PAUL Vs. GOUTAM SUREKHA

JUDGEMENT

(1.) THIS appeal has been directed against the order passed by the learned Executing Court, 24 -Paraganas (South), on 17.4.2009, in its case No -EA/03/2008, wherein the said Court has disposed of the said execution case because as per the judgment passed by the Trial Court water connection has been given to the premises of the Complainant and in this connection the order passed by the District Forum has been totally complied with full satisfaction.

(2.) IN the original order the learned District Forum has disposed of the complaint petition in favour of the Complainant without any cost and directed the OP to contact with the KMC within a period of 15 days to give water supply connection to the premises of the Complainant and other flat owners and the Complainant and the other flat owners were directed to cooperate with the OP for doing such work. The Forum below has mentioned in its judgment that in case of any obstruction from the side of the Complainant the OP and the KMC were at liberty for seeking help from the police authority.

(3.) IT was submitted by the present Appellant -DHr before the learned Executing Forum that water supply was not in accordance with the sanctioned plan and he is not getting water supply regularly and he raised strong objection in disposing of the Execution case. But the Executing Court was pleased to dispose of the execution case based on the affidavit and counter affidavit filed by both the parties and it was observed by the said Court that the JDr has complied with the order passed by the Trial Forum.