Calcutta High Court (Appellete Side)
Deb Narayan Basu & Anr vs Sankari Sett & Ors on 3 August, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
03.08.2023 Court No. 19 Item No.16 CP C.O. 2599 of 2023 Deb Narayan Basu & anr.
Vs. Sankari Sett & ors.
Mr. Haradhan Banerjee, Sr. Advocate Mr. Sounak Bhattacharya Mr. Sounak Mandal Mr. Anirban Saha Roy Mr. Abhirup Halder Ms. Saheli Biswas ...for the petitioners.
Supplementary affidavit is taken on record. It prima facie, appears that the learned Judge, 6th Bench, City Civil Court at Calcutta ought to have fixed a later date for delivery of possession, as the court was inclined to hear the stay application.
By fixing the application for stay on August 3, 2023, the petitioners have actually been deprived of enough time to proceed in accordance with law on the fate of their application for stay as the date for delivery of possession has been fixed on August 5, 2023.
Let there be stay of all further proceedings in the Ejectment Execution Case No. 176 of 2003, pending before learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta, upto September 30, 2023, or until further orders whichever is earlier. 2 Let a copy of the revisional application along with a server copy of this order be served upon the opposite parties and the learned advocates contesting the matter on behalf of the opposite parties in the learned court below. Affidavit of service to be filed on the next date. Let this matter appear on September 8, 2023 under the heading 'Motion'.
(Shampa Sarkar, J.)