West Bengal

Kolkata-II(Central)

EA/45/2020

Soumita Guha, Legal Heirs of Late Chandana Guha - Complainant(s)

Versus

Md. Irfan - Opp.Party(s)

Arindam Peyada

17 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Execution Application No. EA/45/2020
( Date of Filing : 01 Oct 2020 )
In
Complaint Case No. CC/34/2018
 
1. Soumita Guha, Legal Heirs of Late Chandana Guha
Naskarhat Phool Bagan, P.O. Tiljala, P.S. KAsba, Picnic Garden Road, Kolkata-700039.
2. Moumita Sarkar, Legal Heirs of Chandana Guha
24/B, Nalta Naba Mahajati Road, P.S. Dum Dum, Kolkata-700028.
3. Nabanita Mukherjee
B-5, Berahmapur, Satindra Pally, P.S. bansdroni, Kolkata-700084.
4. Sangita Guha, Legal heirs of Late Chandana Guha
Naskar Hat Phool Bagan, Picnic Garden, P.S. Kasba, Kolkata-700039.
...........Appellant(s)
Versus
1. Md. Irfan
25/1/2, Topsia Road, P.S. Tiljala, Kolkata-700039.
2. Chhabi Das
66H/4, Tiljala Masjid Bari Lane, P.S. Karaya, Kolkata-700046.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Sahana Ahmed Basu PRESIDING MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:
 
Dated : 17 Nov 2022
Final Order / Judgement

Order No. 16             Dated – 17.11.2022

 

 

Record is put up today for passing order on MA  586/2022 heard on  03.11.2022.

It appears from the order dated 03.11.2022 that an amount of Rs. 2500/- was paid by the Jdrs to the Dhr-2 towards compliance of the order of this commission and an amount of Rs. 2500/- was also paid by the Jdr’s to Dhr-3 towards compliance of the order of this commission. Receipts were filed for the Dhr 2 and 3 to that effect  on the date.

A petition was also filed by the Dhrs 1 and 4 stating that they have received the decreetal amount from Jdrs in full and they have no further claim from the Jdr with the prayer for disposal of the execution case .

A petition was also filed by the Jdrs 2 and 3 on  03.11.2022 stating that Jdrs have paid the decreetal amount to them in full and they have no further claim from Jdrs with the prayer for disposal of  execution case in full satisfaction.   

It reveals that an application was filed by the Dhrs 2 and 3 on 06.09.2022 with the prayer for setting aside the order dated  22.07.2022 passed in the execution case and to restore the MA filed on  23.05.2022 on the ground stated therein and the same was registered as MA 586/2022. The said petition was also on 03.11.2022.

In view of present scenario and as the Jdrs have paid the decreetal amount to the Dhrs in full, We are of the opinion that the MA 586/2022 calls for no consideration and  accordingly, the same is rejected.  

MA being  586/2022 is thus,  disposed of.

 As the payment has already been made by the Jdrs to Dhrs in full as per judgment dated 20.02.2020 passed in CC-34/2018 from which this execution case arose, the execution case being No. 45/2020 is disposed of on full satisfaction. W/A pending against the Jdr, if any, be recalled.

 
 
[HON'BLE MRS. Sahana Ahmed Basu]
PRESIDING MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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