Title Execution ­ 8 of 17

Order No. 13 ; dated : 18­01­20

The Decree Holder files hazira.

The petition dated : 02.11.19 is taken up for hearing.
Heard the Ld. Advocate for the decree­holder.
Perusaed the petition and other materials on record.
It appears that by filing the instant petition, the decree­holder has prayed for
passing necessary order directing the Judgment Debtor No. 2 i.e the Urban
Development Department, W.B. for granting necessary permission in favour of the
plaintiff/decree­holder for causing the execution and registration of necessary deed
in favour of the plaintiff/decree­holder.

On perusal of the case record, it appears that the plaintiff/decree­holder

instituted Title Suit no. 610/2016 against the defendants/judgment debtors for
specific performance of contract and the exparte decree dated : 30.01.2017 was
passed in favour of the plaintiff/decree­holder and the plaintiff/decree­holder
requested the Judgment Debtor No. 2 i.e the Urban Development Department, W.B.
for granting necessary permission in his favour so that necessary deed can be executed
and registered in his favour through the court in execution of the decree but the
Judgment Debtor No. 2 i.e the Urban Development Department, W.B. has not yet
granted any permission in his favour and for that reason, as the decree can not be
executed in absence of necessary permission in his favour by the Judgment Debtor No.
2 i.e the Urban Development Department, W.B., the present application has been
filed.

Considering all, I am of the opinion that when the plaintiff/decree­holder has

obtained decree of specific performance of contract, then he is also entitled to have
necessary permission in his favour by the Judgment Debtor No. 2 i.e the Urban
Development Department, W.B. and the petition dated : 02.11.19 is liable to be
allowed.

Hence, it is

ORDERED

that the instant petition dated : 02.11.19 filed by the plaintiff/decree­holder,

praying for an order, directing the defendant no.2/Judgment Debtor No. 2 i.e the
Urban Development Department, W.B. to grant necessary permission for causing
execution & registration of the deed in question in favour of the plaintiff/decree­
holder by the defendant no. 1, in pursuance to the agreement of assignment dated:
26.03.16 or through the court be and the same is allowed without any order as to the
cost.
 Order No. 13 ; dated : 18­01­20 (Cont.....)

The defendant no.2/Judgment Debtor No. 2 i.e the Urban Development

Department, W.B. is directed to issue appropriate order giving consent or permission
in favour of the plaintiff/decree­holder for execution and registration of the deed in
question in favour of the plaintiff/decree­holder by the defendant no.1/Judgment
Debtor No. 1 or by the Court in pursuance to the agreement of assignment dated:
26.03.16 after receiving necessary fees and/or costs from the plaintiff/decree­holder.

The defendant no.2/Judgment Debtor No. 2 i.e the Urban Development

Department, W.B. is further directed to issue requisite order in terms of these
directions after hearing the plaintiff/decree­holder and the defendant no.1/Judgment
Debtor No. 1, if necessary, and after perusing relevant documents in this behalf and
the decision should be reached to the Court within 60 days from the date of
communication of this order.

It is further ordered that if within this period of 60 days from the date of
receipt of this order, the defendant no.2/Judgment Debtor No. 2 i.e the Urban
Development Department, W.B. does not refuse to grant necessary permission or does
not communicate the order of refusal to this court, it shall be presumed that the
defendnat no.2/Judgment Debtor No. 2 i.e the Urban Development Department, W.B.
has granted permission in this behalf.

Let the copy of this order along with the judgment and the agreement of
assignment dated: 26.03.16 be sent to the office of the defendant no.2/Judgment
Debtor No. 2 i.e the Urban Development Department, W.B. for his information and
necessary action.

The plaintiff/decree­holder is directed to file requisites atonce.

D.A. to do the needful.

To 13­03­20 for awaiting permission from the office of defendant

no.2/Judgment Debtor No. 2 i.e the Urban Development Department, W.B.

Dict. & corrected by me Civil Judge (Sr. Divn.)

2nd Court, Barasat

Civil Judge (Sr. Divn.)

2nd Court, Barasat