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Judgment
Heard Mr. SS Debnath, learned counsel appearing for the petitioners as well as Mr. R. Saha, learned counsel for the respondents.
The petitioner has filed the present writ petition alleging that the Decree Holders are facing acute crisis to execute the decree for recovery of possession.
The facts in brief, are that, the petitioners being the plaintiffs instituted a suit for declaration of right, title and interest and recovery of khas possession. The land in question, is possessed by the Airport Police station i.e. of the State instrumentalities.
Learned counsel for the petitioner has submitted that as soon as the petitioners had proceeded to execute the decree, they were being threatened by the police officials of the concerned police station that some false case would be lodged against them. Being frightened, the petitioners have approached this court praying for direction to pass an order so that they can execute the decree.
I have considered the submission of learned counsel appearing for the parties.
Considering the nature of the case, I direct the petitioners to approach the Executing Court by filing a petition with affidavit stating the aforesaid facts which has been raised in this writ petition. The learned Executing Court after receipt of such petition, shall proceed to execute the decree within a period of 2 (weeks) from the date of filing of the petition.
With the above observation and direction, the instant writ petition stands allowed and thus disposed of.
Pending application(s), if any, also stands disposed of.