Today is fixed for filing certified copy of Stay Order by Jdr.
Ld. Advocate for the Dhr. is present. Ld. Advocate for Jdr. is also present.
Jdr. files two petitions – one is show cause and other is for dropping this execution case along with copy of Order no.08 dated 31-03-2017 passed by Hon’ble State Commission in connection with First Appeal no.334 of 2015 arising out of Order dated 24-12-2014 passed in C.C. no.78 of 2013 of District Bankura (Branch Manager, SBI Versus Smt. Mira Rana (Malgope).
Ld. Advocate for the Jdr. submits before us inter alia that the impugned Judgement/ Final Order passed by this Forum in C.C. no.78 of 2013 has been set aside by the Hon’ble State Commission. So, this execution case filed by the Dhr. to execute the Judgement passed by this Forum in connection with C.C. 78 of 2013 is not maintainable at this stage and is liable to be dropped.
Heard both sides. Perused the Order no.8 dated 31-03-2017 passed by the Hon’ble State Commission in F.A. no.334 of 2015.
We find that the Judgement dated 24-12-2014 passed by this Forum in connection with C.C. no.78 of 2013 has been set aside by the Hon’ble State Commission by passing Order no.08 dated 31-03-2017 in F.A. no.334 of 2015.
So, we find that Judgement / Order dated 24-12-2014 passed in connection with 78 of 2013 is no longer executable as said order has been set aside by Hon’ble State Commission.
In view of the circumstances we find that this execution case has lost its force and same should be dropped as the same has been filed to execute the Judgement dated 24-12-2014 passed by this Forum in connection with C.C. no.78 of 2013 which has been set aside by the Hon’ble State Commission.
Hence, it is
Ordered
That the Execution Case no.04 of 2015 be and same is hereby dropped but without cost.
Let plain copy of this Order be supplied to the parties free of cost, if applied for.