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2024 Supreme(Cal) 159

PRASENJIT BISWAS
Bakkeswar Sarkar – Appellant
Versus
Nekjan Nechha Bewa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sarbananda Sanyal, Ms. Paulami Chakraborty.

JUDGMENT :

Prasenjit Biswas, J.

1. Lamenting the wrong delay in execution of decrees the Hon’ble Supreme Court recently observed in case of Mumtaz Yarud Dowla Wakf Vs. Dadam Balakrishna Hotel Pvt. Ltd. reported in 2023 SCC OnLine SC 1378 interalia that:-

    “2. A legal journey adopted by the appellant with periodical stoppages orchestrated in the process at behest of respondent no(s). 1 and 2 brought the lis back to the place where it started, forcing it to undertake a fresh guard by the impugned order.

3. This case is a classic example of the unfortunate situation taken note of and lamented by Right Honorable Sir James Colvilbe in General Manager of the Raj Durbhunga v. Maharajah Coomar Ramaput Sing, 1872 SCC OnLine PC 16,

“These proceedings certainly illustrate what was said by Mr. Doyne, and what has been often stated before, that the difficulties of a litigant in India begin when he has obtained a Decree…

4. The situation not only continues but has become more prevalent.”

2. Feeling aggrieved and dissatisfied with the order dated 18th September, 2014 passed by the learned Additional District Judge, Tehatta, Nadia passed in connection with Civil Revision Case No. 6/2010 the present petit

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