Calcutta High Court (Appellete Side)
Smt. Mukhia Devi & Ors vs Ashoke Kumar Mali on 18 July, 2024
Author: Biswajit Basu
Bench: Biswajit Basu
28 sandip Ct. 19 18.07.2024
In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. 1339 of 2024 Smt. Mukhia Devi & Ors.
Vs. Ashoke Kumar Mali Mr. Arnab Roy, Ms. Sayani Ahmed ... For the petitioners. The petitioners being the decree-holders of a decree of eviction has put the decree into execution which gives rise to Ejectment Execution Case No. 02 of 2016 before the 4th Court of learned Civil Judge, (Junior Division) at Barrackpore, District 24 Parganas (North). In the said Execution Case, the judgment-debtor took out an application under Section 47 of the Code of Civil Procedure, registered as Miscellaneous Case No. 14 of 2017.
The learned single Judge of this Court by an order dated July 19, 2017 passed in C.O. 2340 of 2017 had requested the Executing Court to dispose of the said Misc. Case expeditiously and to make endeavor to bring the Execution Case to its logical conclusion as expeditiously as possible.
A further direction for expeditious disposal of the said Misc. Case was passed by another learned single 2 Judge of this Court in C.O. 2862 of 2018 on April 23, 2019.
The decree-holders/petitioners complains that in spite of such requests/directions the said Execution Case, not even the said Misc. Case has been disposed of till date.
The learned Registrar (Judicial), High Court, Calcutta is requested to seek a report from the Executing Court as to why the said directions were not complied with and to file a report before this Court on the next date of hearing.
Place the matter in the list on August 22, 2024 under the same heading.
Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)