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2017 DIGILAW 501 (GAU)

PRADIP KUMAR PAUL v. SWAPAN DAS

2017-04-26

KALYAN RAI SURANA

body2017
JUDGMENT AND ORDER : Heard Mrs. R. Choudhury, the learned counsel for the petitioners as well as Mr. P. Roy, the learned counsel for the respondent No.1. The petitioners is the decree holder in Title Execution Case No. 2/2015, which is presently pending for disposal before the learned Munsiff No.2, Karimganj. 2. By filing this application under Article 227 of the Constitution of India, the petitioners have assailed the order dated 21.11.2016 passed by the learned Court of Munsiff No.2, Karimganj in T. Ex. Case No. 2/2015, by which the said learned Court fixed the execution proceeding after the outcome of the injunction petition in connection with Title Suit No. 225/2016 for considering the prayer for police assistance to carry out execution. 3. The learned Counsel for the petitioners has submitted that the learned Court of Munsiff No.2, Karimganj has, during the pendency of the present application, rejected the prayer for injunction by passing order dated 28.03.2017 passed in Misc.(J) Case No. 203/16 arising out of Title Suit No. 225/2016. The learned counsel for the respondent No.1, who is the judgment debtor No.1 in the said execution proceeding, has admitted above submissions made by the learned counsel for the petitioners. 4. Hence, in the opinion of this court, there appears to be no other impediment for the learned executing court, i.e. Court of Munsiff No.2, Karimganj to decide the petition for police assistance as prayed for by the learned counsel for the petitioners herein and, as such, in essence, the present application has become infructuous. Hence, this application is closed as infructuous.