High Court Division · Special Original Jurisdiction
Khurshida Akter and others v Artha Rin Adalat and others
Writ Petition 5124/2010 · Rule disposed of · Decided 11 May 2026
The petitioners challenged, under Article 102 of the Constitution, the proceedings of Money Execution Case No. 87 of 2006 pending before the Artha Rin Adalat, Khulna, which arose out of the judgment and decree dated 28.01.1998 and 16.10.2001 respectively passed in Title Suit No. 24 of 1995. A Rule Nisi was issued and an interim order of stay was in force. At the hearing, respondent No. 3, by an affidavit-in-opposition and a supplementary affidavit-in-opposition, informed the High Court Division that the execution case had already been dismissed by Order No. 136 dated 15.10.2024 of the Artha Rin Adalat, Khulna, so that the Rule had become infructuous. The petitioners' advocate accepted that submission. On perusal of the supplementary affidavit-in-opposition dated 09.03.2026, the High Court Division found that the Adalat had rejected the execution case and that the petitioners therefore had no existing grievance at all. In those facts and circumstances, the Rule was disposed of with no order as to costs, and the interim order of stay was recalled.
- Whether the Rule challenging the execution proceedings survived after the Artha Rin Adalat had rejected the execution case.
- Where the execution proceedings challenged in a writ petition have been rejected by the Artha Rin Adalat, the petitioner has no existing grievance.
- The Rule was disposed of in those circumstances, with no order as to costs.
- The interim order of stay was recalled.
On perusal of the supplementary affidavit-in-opposition dated 09.03.2026 it appears that on 15.10.2024 by the order No. 136 the Artha Rin Adalat, Khulna rejected the Money Execution Case No. 87 of 2006, thus the petitioner has no existing grievance at all.
