Calcutta High Court (Appellete Side)
7 vs Md. Shamim & Ors on 20 December, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
13 20.12. C.O. 3004 of 2022 AG 2022 M/R KB Ct Vijay Anand Rao Khandekar @ V.A. Khandekar 07 Vs Md. Shamim & Ors Mr. Sufi Kamal, Ms. Shireen Hossain, ... For the petitioner.
While assailing the impugned order dated 5 th September, 2022 passed in Ejectment Execution Case No. 562 of 2004, Mr. Sufi Kamal, learned advocate appearing for the petitioner submits that there has been improper decision reached by the Court below in connection with an application filed by the petitioner/defendant under Order 14 Rule 2 CPC.
It is further submitted that there has been a stay granted in connection with C.O. 726 of 2006, and as a result of which, the Court below ought not to have proceeded further.
It is for the petitioner/defendant to produce sufficient documents before the Court below to show the order of stay, if there be any, still operative in connection with C.O. 726 of 2006. Since the application under Section 7(2) of the West Bengal Premises Tenancy Act has not yet been decided, the same may be decided in accordance with law, subject to the order of stay, if any granted by any superior Court. 2 To address the issue relatable to Order 14 Rule 2 CPC, presence of the opposite parties is felt necessary.
Petitioner is directed to serve the copy of application upon the opposite parties and their learned advocate appearing in the Court below, by speed post with A/D, and furnish affidavit of service on the next returnable date.
List the matter three weeks after Winter Vacation of this Court.
(Subhasis Dasgupta, J)