Order No. 27             Dt. 24/08/2022

Ld. Advocate for the Judgement/debtor is present.

Received report from Officer-in-Charge, Shyampukur P.S., Kolkata, which reveals that Decree holder nos.1 to 5 have left the address given in the Execution Case at about 10/15 years ago. No one in the vicinity knows the whereabouts of the Decree holders. As such, Officer-in-Charge, Shyampukur P.S. is unable to inform the Decree holder the date of the Execution Case in compliance with order no.26 dated 07/06/2022.

We find from the record that the instant Execution Case has been filed by the Decree holder nos. 1 to 5 on 22/11/2010. During pendency of the execution case the Hon’ble National Commission has disposed of RP/1974/2012 on 07/02/2020.

Thereafter this Commission directed the Judgement/debtor to serve notice upon the Decree holders.

On 07/06/2022 Ld. Advocate for the Judgement/debtor by filing affidavit of service submitted that the notices could not be served upon the Decree holder nos.1 to 5 as because they left the address given in the cause title of the Execution Case.

Thereafter, the Commission directed the Officer-in-Charge, Shyampukur P.S. to communicate the date of Execution Case to the Decree holder.

Today Officer-in-Charge, Shyampukur P.S. by filing a report discloses that all the five (5) Decree holders left the address about 10/15 years ago and none in the locality could say anything about the present whereabouts of the Decree holders. None of the Decree holders nor their representative took any steps in this Execution Case.

It is apparent that the Decree/holders are not interested to proceed with the case any further.

In view of this discussion made above we are not inclined to proceed with the execution case any further.

Hence, it is

                                                            O R D E R E D

That the execution case be and the same is dismissed without cost.