22.01.2025 Item No.

AD 8 Saswata C.O. 1854 of 2024 Tapas Ram Bhattacharya versus Jasabanta Mahapatra & Anr.

Mr. Kamal Krishna Pathak Mr. Ovik Sengupta …For the petitioner Mr. Srijan Nayak Mr. Ankit Sureka Mr. Biplob Das …For the opposite party no. 2

1. The instant revisional application has been filed challenging the order dated 30^th April, 2024 passed by the Learned Civil Judge (Senior Division), Serampore, Hooghly under Section 47 of the Code of Civil Procedure 1908 in Misc. Case no. 30 of 2023 arising out of Title Execution case no. 04 of 2021.

2. It appears that a title execution case was lodged for execution of the order passed by the Registrar of Cooperative Societies, West Bengal vide memo no. 1033/I-431-94(expulsion) dated

12^th May 2021.

3. The petitioner would contend that the said order cannot partake the character of a decree, for the opposite party no. 1 to enforce the same as a decree in terms of Rule 174 of the West Bengal Cooperative Societies Rules, 2011.

4. Mr. Nayak, learned advocate enters appearance on behalf of the opposite party no. 2. He submits that insofar as the opposite party no. 1 is concerned, there has been a change in the management of the Cooperative Society, and the petitioner therefore should cause a fresh service to the Chairman of Bhabatarani Cooperative Housing Society Ltd., 88B, G.T. Road, P.S.Uttarpara, District-Hooghly, Pin –

712232.

5. Having heard the learned advocate appearing for the petitioner, and considering the materials on record, I am of the view that the instant revisional application should be heard.

6. However, taking into consideration the fact that the management of the Bhabatarani Cooperative Housing Society has been changed, the petitioner is directed to cause fresh service on the Chairman of Bhabatarani Cooperative Housing Society Ltd., 88B, G.T. Road, P.S.Uttarpara, District-Hooghly, Pin – 712232.

7. While passing the above direction by noting that the opposite party no. 1 before the Executing Court in Title Execution case no. 04 of 2021 has applied for police help and since the very jurisdiction of the learned Court to entertain an application for execution by treating the order dated 12^th May 2021 as a decree is under consideration, let the Title Execution case no. 04 of 2021 pending before the Learned Civil Judge (Senior Division), Serampore, Hooghly be stayed for a period up to the end of July 2025 or until further order whichever is earlier.

8. The petitioner is directed to communicate this order to the opposite party no. 1 in the manner as directed above through its chairman and file affidavit of service on the returnable date.

9. List this matter as “contested application”

in the combined monthly list of March 2025

(Raja Basu Chowdhury, J.