29/05/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

          This order relates to hearing on the point of admission.

          This Revisional Application has been filed u/s 27A of the C. P. Act, 1986 against the order dated 20/01/15 passed by Learned District Forum, Alipore, South 24-Parganas in EA 130 of 2013. 

          The Learned Counsel for the Petitioner has submitted that the Learned District Forum was not justified in disposing of the execution case on full satisfaction, in as much as, there were two parts for compliance in the judgment of this Commission in FA 222 of 2013.  It is contended that in the ordering portion of the judgment there was direction for payment of compensation of Rs.8,000/- and litigation cost of Rs.2,000/- and in the body of judgment there was observation as to the removal of defect. 

          Firstly, since the instant Revisional Application has been filed against final order passed in execution case EA 130 of 2013, it is not maintainable. 

          Secondly, in the ordering portion of the judgment in FA 222 of 2013 the direction as to payment of compensation of Rs.8,000/- and litigation cost of Rs.2,000/- has been, admittedly, paid by the Jdr.  There was no other direction therein.  The Learned District Forum was justified in disposing of the execution case on full satisfaction. 

          The Revisional Application is dismissed being not admitted.