Decided on December 11,2009

MANOJ PAUL Appellant
Goutam Surekha Respondents


- (1.)THIS appeal has been directed against the order passed by the learned Executing Court, 24 -Paraganas (South), on 17.4.2009, in its case No -EA/03/2008, wherein the said Court has disposed of the said execution case because as per the judgment passed by the Trial Court water connection has been given to the premises of the Complainant and in this connection the order passed by the District Forum has been totally complied with full satisfaction.
(2.)IN the original order the learned District Forum has disposed of the complaint petition in favour of the Complainant without any cost and directed the OP to contact with the KMC within a period of 15 days to give water supply connection to the premises of the Complainant and other flat owners and the Complainant and the other flat owners were directed to cooperate with the OP for doing such work. The Forum below has mentioned in its judgment that in case of any obstruction from the side of the Complainant the OP and the KMC were at liberty for seeking help from the police authority.
(3.)IT was submitted by the present Appellant -DHr before the learned Executing Forum that water supply was not in accordance with the sanctioned plan and he is not getting water supply regularly and he raised strong objection in disposing of the Execution case. But the Executing Court was pleased to dispose of the execution case based on the affidavit and counter affidavit filed by both the parties and it was observed by the said Court that the JDr has complied with the order passed by the Trial Forum.
Being dissatisfied with the abovementioned order passed by the Executing Court the Appellant has preferred the present appeal under Section 27A of the C.P. Act. The Appellant has mentioned in the memorandum of appeal that the Executing Court has erred in disposing of the execution case holding that the order of the Trial Forum has fully complied with by the JDr, but actually it is not proper. Without ascertaining the Appellant s satisfaction and considering the prayer for submitting compliance report by the JDr whether the JDr has provided water supply in terms of the sanctioned plan or not the execution case has been disposed of. According to the Appellant the order of the Executing Court is illegal and liable to be set aside and the Appellant has prayed for allowing the present appeal.

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