Calcutta High Court (Appellete Side)
Dinesh Kumar Sonkar vs Manju Dutta & Ors on 28 April, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
28.04.2022 Item No.21 Ct. No.7 CHC C.O.683 of 2022 (Physical Hearing) Dinesh Kumar Sonkar Vs. Manju Dutta & ors.
Mr. Aniruddha Chatterjee, Mr. Saptarshi Kumar Mal ...for the petitioner The subject-matter of challenge in this revisional application is against the rejection of a petition for local inspection under Order39 Rule 7 C.P.C. Mr. Chatterjee, learned advocate appearing for the petitioner submits that the rejection of prayer for local inspection is not on merits, but it has been so rejected bearing in mind the pendency of Second Appeal pertaining to the suit property involved in this case. Disputing with the schedule of the decreetal property, Mr. Chatterjee submits that unless a local inspection is held, the decree will become inexecutable. Admittedly, there is an eviction decree granted against the petitioner, which is pending in Second Appeal before this Court.
Eviction decree, according to Mr. Chatterjee, is against one room, which is inseparable from two other rooms, now under possession of the petitioner. An arguable point is thus raised, which needs to be addressed, touching upon the merits of the case, 2 pending decision of which interim protection, at least for a limited period of time is felt necessary. In the meantime, let there be an order directing stay of all further proceeding pending in the court below vide Ejectment Execution Case No.36 of 2015, of learned Judge, 5th Bench, Small Causes Court, at Calcutta, till the end of June, 2022. Petitioner is directed to serve copy of this 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. Matter to appear in the list under the heading "Motion" in the third week of June, 2022.
(Subhasis Dasgupta, J.)