No. 7/07.07.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Both sides are present through their Ld. Advocates.  This revisional application is directed against the order dated 14.07.2010 passed by the Executing Forum in Execution Case No. 04/2009.  By the aforesaid impugned order the execution case was dismissed as the Decree Holder failed to submit the concerned L. R. Khatian number for the purpose of registration of the Deed of Conveyance in respect of the property in question.  Evidently the decree was passed by the concerned District Forum by allowing the complaint thereby directing the JDR to execute and register the Deed of Conveyance in respect of the property in question which has been sold to the Complainant – Decree Holder.  In the execution case if, for any reason, the Deed of registration could not be completed because of non-furnishing of the relevant L. R. Khatian number in respect of the said property in question the Executing Court ought not to have dismissed the execution case thereby making the decree as void.  It ought to have kept the same pending for satisfaction of decree upon furnishing of the same.  The said order of dismissal accordingly has been made upon irregular exercise of jurisdiction.  Hence the impugned order is set aside. 

The Decree Holder in this revisional application has filed a supplementary Affidavit along with an Annexure wherein the L. R. Khatian number has been disclosed.  The copy of the said supplementary Affidavit shall be filed by the Decree Holder before the Executing Forum.  Upon such filing the Executing Court will take appropriate steps for getting the Conveyance Deed executed and registered in favour of the Decree Holder – Complainant as expeditiously as possible preferably within a period of one month from the date of filing of the said supplementary Affidavit.  The revisional application is thus allowed.