Calcutta High Court (Appellete Side)
427/2012 on 23 December, 2014
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
23.12.14
SAT 427 of 2012
With
CAN 8543 of 2012
Mr. Sadananda Ganguly
Mr. Mainak Bose
Mr. Sanjoy Bose
Mr. Aniruddha Sinha
Ms. Tapati Chatterjee ... For the Appellant
Records reveal that the instant second appeal was
admitted by an order dated 20th of August, 2013. In connection
with the said appeal, the appellant files an application for stay
of the Ejectment Execution Case No.20 of 2012.
Mr. Ganguly, learned senior advocate appearing for the
appellant submits that the respondent in the appeal has also
filed an application, inter alia, praying for occupational charges, being CAN 11668 of 2013.
The application for stay has been enlisted at the instance of the appellant upon mentioning with notice to the learned advocate appearing for the respondent.
The notice dated 22nd of December, 2014 served upon the learned advocate appearing for the respondent reveals that the learned advocate appearing for the respondent incorporated a statement to the effect that there is a pending application filed by the respondent, inter alia, praying for occupational charges and that the same needs to be listed along with the stay application.
In spite of the said notice having been served upon the learned advocate appearing for the respondent, no one appears 2 for and on behalf of the said respondent today. Let the said notice be kept on record.
Mr. Ganguly, learned advocate appearing for the appellant submits that the learned court below is proceeding with the Ejectment Execution Case though the second appeal has been admitted and he accordingly, prays for an interim order.
In the backdrop of the said facts, unless an interim protection is granted to the appellant, the second appeal will be rendered infructuous.
Accordingly, there shall be an interim order of stay of all further proceedings in the Ejectment Execution Case No. 20 of 2012 pending before the learned 2nd Civil Judge, (Junior Division) at Alipore till the end of January, 2015.
List the application for stay along with the application, being CAN 11668 of 2013, filed by the respondent in the daily supplementary list of this Court under the same heading on 15th of January, 2015.
Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible.
(Tapabrata Chakraborty, J.)