ORDER NO. 4 DT. 8.1.10

This Revisional Application was filed challenging the order dt. 10.9.09 passed by DCDRF, South 24 Parganas in E.A. Case No. 11 of 2009 wherein the DHr could not contest the proceeding being absent.  As the DHr could not show cause inspite of the order of the Forum, the impugned order was passed disposing of the execution case.  It appears that in respect of car parking space, dispute continues to be there.  At the stage of hearing, after service of notice on the parties we appointed a Ld. Advocate Commissioner for ascertaining the correct position and it appears from the report submitted today by the said Ld. Advocate Commissioner that with regard to car parking space the DHr has certain contentions which should be considered by the Executing Forum in accordance with law.  Being satisfied with the above circumstances and in the interest of justice as we feel that the DHr should be granted opportunity after showing cause as directed by the Forum below at an early stage, the impugned order be set aside and the execution case be decided in accordance with law considering the cause as may be shown by the DHr in compliance of the order of the Forum.  Therefore, the Revisional Application is allowed on contest. 

It is recorded that the Revisionist has paid the entire cost of Rs. 1,000/- to the Ld. Advocate Commissioner and the JDr is directed to pay half of the said amount to the DHr so that the cost can be shared between the parties equally.  A copy of the report filed today by the Ld. Advocate Commissioner may be supplied to the JDr as also to the DHr by the office making xerox copies thereof.