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27.04.2026 Item No.10 (DL)

Court No.04 AJ.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

CIVIL REVISIONAL JURISDICTION

C.O. 1 of 2026 Pulu Sarkar & Ors.

-Vs-

Balbahadur Barman & Ors.

Mr. Debajit Kundu, Ms. Rajyashree Ghosh.

…..for the petitioners.

1. Affidavit of service filed in Court today is

taken on record. None appears for the opposite

parties.

2. It is submitted by the learned Advocate

appearing for the petitioners that all the opposite parties excepting the opposite party no.5 have been served. It is submitted that the postal article sent to the opposite party no.5 has returned unserved with the endorsement

“addressee left”.

3. This revisional application has been filed

praying for reconstruction of the records of Partition (Title) Execution Case No.06 of 2010 arising out of Partition Suit No. 37 of 2002 pending before the learned Civil Judge (Senior

Division), Jalpaiguri.

4. By an order dated January 09, 2026, this

Court had directed the learned District Judge, Jalpaiguri to submit a report as regards the original case records of Title Execution Case No. 06 of 2010 by January 14, 2026. Subsequently,

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by an order dated January 15, 2026, the learned District Judge, Jalpaiguri was requested to file a fresh report in compliance

with the order dated January 09, 2026.

5. On February 25, 2026 a further order was

passed by this Court requesting the leaned District Judge, Jalpaiguri to comply with the directions contained in the order dated January 09, 2026 by March 25, 2026 and file the report

as directed by the said date.

6. A report dated April 24, 2026 has been

filed by the learned District Judge, Jalpaiguri wherefrom it appears that an enquiry has been undertaken by the learned Civil Judge (Senior Division), Jalpaiguri as regards the missing original case records of Title Execution Case No. 06 of 2010 and the learned Civil Judge (Senior Division), Jalpaiguri has sought for thirty days’

more time to complete the enquiry.

7. In view thereof, the enquiry as undertaken

may continue but, in the meantime, since the petitioners’ execution case is also stalled, this Court is of the view that the learned Executing Court i.e. the learned Civil Judge (Senior Division), Jalpaiguri should also take steps for reconstruction of the records of Title Execution Case No. 06 of 2010 by passing appropriate

directions upon the parties to the suit.

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8. The petitioners shall communicate this

order to the opposite parties.

9. The learned Executing Court i.e. the

learned Civil Judge (Senior Division), Jalpaiguri is therefore requested to pass appropriate orders for reconstruction of the records of the execution case at the earliest preferably within a month from the date of communication of this order and to proceed with the execution case in

accordance with law expeditiously.

10. List this matter before the next available

Circuit Bench after a month for filing of report as requested by the learned Civil Judge (Senior

Division), Jalpaiguri.

(Om Narayan Rai, J.)