West Bengal

Kolkata-I(North)

MA/178/2023

Smt. Madhumita Biswas - Complainant(s)

Versus

Vinod Kumar Agarwal - Opp.Party(s)

Prasanta Banerjee

17 Sep 2024

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/178/2023
( Date of Filing : 30 Jun 2023 )
In
Execution Application No. EA/64/2018
 
1. Smt. Madhumita Biswas
.
2. Smt. Arodhita Biswas
.
3. Smt. Ayndrila Biswas
.
...........Appellant(s)
Versus
1. Vinod Kumar Agarwal
.
2. Joydeb Saha
.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:Prasanta Banerjee, Advocate for the Appellant 1
 
Dated : 17 Sep 2024
Final Order / Judgement

Order No. 11

Ld. Advocate for the decree holders/petitioners is present.

None appears on behalf of the judgment debtor No.2.

Perused. Considered.

Ld. Advocate for the decree holders/petitioners by filing the instant Misc. Application dated 30.06.2023 prayed for appointing a Special Officer for registration of the deed of conveyance in favour of the decree holders in view of the final order/judgment passed in CC/23/2014.

It appears from the order No.27 dated 15.12.2022 passed in EA/64/2018 that decree holders were directed to take proper steps for incorporating complete address of opposite party No.1. Though several dates were fixed but till date decree holders have not taken any steps in this regard.

It is apparent on the face of the record that no notice of EA/64/2018 has been served upon judgment debtor No.1 till date.

Therefore, we are of the opinion that the Misc. Application dated 30.06.2023 is pre-mature and liable to be rejected at this stage. Such prayer can only be considered after service of notice upon the judgment debtor No.1 in EA/64/2018.

Hence, it is

O R D E R E D

that the Misc. application be and the same is dismissed without cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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