Calcutta High Court (Appellete Side)
Sri Dasu Dutta vs Smt. Usha Rani Nandi on 21 January, 2020
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1
21.01.2020
Srimanta
List - S/L
Sl. No. 10
Ct. No. 17
S.A.T. 298 of 2016
+
CAN 9637 of 2018
Sri Dasu Dutta
-Vs.-
Smt. Usha Rani Nandi
Mr. Jayanta Das, Adv.,
Mrs. Soumita Ghosh, Adv.
...for the applicant/respondent.
CAN 9637 of 2018 is fixed for hearing. This application is filed by the respondent praying for appropriate order for expeditious disposal of the appeal.
Mr. Jayanta Das, learned Advocate for the respondent submits that another application being CAN 9716 of 2016 is pending for hearing. The said application is required to be disposed of first.
CAN 9716 of 2016 is an application filed by the appellant praying for stay of all further proceedings in respect of execution of the Judgement and Decree passed in Ejectment Suit No. 607 of 2004 by the learned Civil Judge (Junior Division), Additional Court at Sealdah which was affirmed by the learned Additional District Judge, F.T.C. - II, Sealdah in Ejectment Appeal No. 14 of 2013 by Judgement and Decree dated 25th February, 2016.
The learned Advocate for the appellant is found absent when the matter is taken up for hearing.
It is found from the order dated 8th May, 2017 passed by the Division Bench of this Court that a conditional order of stay of all further proceedings of Ejectment Execution Case No. 10 of 2003 pending before the learned 2 Additional Civil Judge (Junior Division), Sealdah was granted by the Division Bench upon performance of certain conditions.
The said application is taken up in day's list.
Though the appellant is not represented, this Court is of the considered view that the appellant will not be prejudiced if the order passed in the said application by the Division Bench on 8th May, 2017 be made absolute till the disposal of the instant appeal.
It is made clear that if the appellant fails to comply with the conditions of the order dated 8th May, 2017, respondent is at liberty to proceed with the execution case.
Now, CAN 9637 of 2018 is taken up for hearing. By filing the instant application the respondent is prayed for fixing the instant appeal for final hearing in view of the fact that the instant appeal arises out of a suit for eviction the respondent is not in a position to enjoy the fruit of the decree passed by the Trial Court and affirmed by the First Appellate Court due to pendency of the instant appeal so the appeal may be heard at an early date.
It is submitted by Mr. Das that in connection with the appeal the Lower Court Records have already arrived, paper books have been filed and exchanged by and between the parties and the appeal is otherwise ready for hearing.
In view of such circumstances, the instant appeal be listed in the Combined Monthly List of February, 2020 for final hearing.
(Bibek Chaudhuri, J.)