N.22Sl CO 1251 of 2026

151/CL Netai Naskar v.

Prabir Makhal & Anr.

30.04.26 DL-27 Ct-06 Mr. Nirmalendu Bera, Adv.

(S.R.)

… for the petitioner.

1. This revisional application seeks expeditious disposal of Misc. Case No.58 of 2024 arising out of Title Execution Case No.21 of 2019 pending before the learned Civil Judge (Junior Division), 2^nd Court at Baruipur, South 24-Parganas.

2. The petitioner had instituted Title Suit No.82 of

2014 for recovery of khas possession of the suit property, mandatory injunction and mesne profit. Such suit was decreed ex parte on February 25, 2019. The decree has been put into execution by filing Title Execution Case No.21 of 2019. In the said execution case, the opposite party no.2 filed an application under Order 21 Rule 97 read with Rules 98 to 102 of the Code of Civil Procedure, 1908, which has been registered as Misc. Case No.58 of 2024. In the said miscellaneous case an application for stay of execution case being Title Execution Case No.21 of 2019 had been filed, which was disposed of by an order dated November 1, 2025 thereby staying the execution case till the disposal of Misc. Case No.58 of 2024.

3. The petitioner being the decree holder is aggrieved by