HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This Appeal U/s 25/27 of the C.P.Act 1986  has been directed by the Decree holder/Complainant against the Order no.3 dated 22.1.2020 passed by erstwhile ld. D.C.D.R.F., Howrah in EA/82/2019 arose out of CC/236/2017 where the Executing Forum passed the following order –

          “ Order no.3 dated 22.1.2020

                Parties file hazira. Matter is pending before Hon’ble S.C.D.R.C. On prayer of the Jdrs. and after hearing both sides, the case is adjourned to 06/05/2020 for bringing stay order”

          Being aggrieved by such order the complainant of CC/236/2017 being the Decree holder of EA/82/2019 preferred the Appeal being A/109/2020.

          The instant Appeal has a chequered history. A Complaint case being CC/236/2017 was filed before ld. D.C.D.R.F. , Howrah which was disposed of by the concerned Forum on 17.4.2019, allowed the same exparte with cost against the OPs no. 1, 2 and 3 i.e. ( 1) M/s Tara Maa Construction (2) Debasish Bera and (3) Moloy Mondal) and dismissed exparte against the OP No.4 i.e. ( Rajendra Nath Betal) without cost , directed the OPs No. 1,2 and 3 to make delivery of possession of the flat in question as described in the Schedule of the Complaint to the complainant to execute and register sale deed in his favour or to refund the earnest money amounting to Rs.7,75,000/- (Rupees seven lakh seventy five thousand) with interest @ 8% per annum with effect from 22.12.2013 till realization of the amount, compensation of a sum of Rs.50,000/- (Rupees fifty thousand and Rs.10,000/- (Rupees ten thousand) towards litigation cost to be paid within three months from the date of the order.

          Being aggrieved by such direction the OP of CC 236 of 2017 , as referred to above, preferred the appeal being A/424/2019 but ultimately allowed the Appeal to be disposed of by dismissal for default by order no.12 dated 3.2.2022.

          Now the complainant being the Appellant of A/109/2020 is praying for an order of setting aside the order impugned being order no.3 dated 22.1.2020 which ultimately became infructuous and taking into consideration the conduct of the parties we dispose of this Appeal by directing  ld. D.C.D.R.F. to proceed with the Execution case at once. The A/109/2020 is thus disposed of exparte. We do not pass any order as to costs.