Calcutta High Court (Appellete Side)
C&Cr vs Raja Md. Amin & Anr on 6 September, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
06.09.2022 Item No.4 Ct. No.7 CHC C.O. 2468 of 2022 Sultana Khatoon C&CR Vs. Raja Md. Amin & anr.
Mr. Tarique Quasimuddin, Mr. Ram Narain Rajak, Mr. Irshad Yaqub ...for the petitioner Liberty is given to learned advocate for the petitioner to correct the cause-title at page 2 of the revisional application.
Mr. Tarique Quasimuddin, learned advocate appearing for the petitioner submits that in the meantime bailiff had been to the suit property for delivering possession upon executing the decree, but the same could not be effected to. Photocopy of the order last passed by the Executing Court below is produced in Court, and the same be taken on record.
It is submitted by Mr. Quasimuddin that issuance of writ of delivery of possession without having considered the existence of Misc. Case No.56 of 2019, which is basically for restoration of Misc. Case No.40 of 2017, is contrary to law. By filing Misc. Case No.40 of 2017. The petitioner has challenged the ex parte 2 decree granted in this case behind the back of the predecessor of the petitioner. The arguable point thus raised needs to be addressed touching upon the merits of the case. In the meantime, let there be an order directing stay of all further proceedings in Ejectment Execution Case No.136 of 2007 and Misc. Case No.56 of 2019 of learned Judge, 3rd Bench, Presidency Small Causes Court, at Calcutta, relatable to Ejectment Suit No.121 of 2014, till one week after the Puja Vacation of this Court or until further order, whichever is earlier. Petitioner is directed to serve copy of this revisional application upon the opposite parties and their learned advocate appearing in the court below, by Speed Post with Acknowledgement Due and furnish affidavit-of-service on the next returnable date. List the matter immediately after Puja Vacation of this Court for the year 2022.
Liberty to mention.
(Subhasis Dasgupta, J.)