Calcutta High Court (Appellete Side)
Prabir Kumar Misra vs Manoj Kumar Sonkar & Anr on 21 November, 2022
S/L 6 21.11.2022
Court No.652 SD CAN 1 of 2022 In CO 1754 of 2021 Prabir Kumar Misra Vs. Manoj Kumar Sonkar & Anr.
Mr. Souradipta Banerjee Ms. Fatima Hassan ... for the Applicant/Opposite Parties. Mr. Shibendra Nath Chattopadhyay Mr. Priyam Misra ... for the Opposite Party/Petitioner.
CAN 1 of 2022:-
By an order dated 30.9.2022 the revisional application seeking expeditious hearing of ejectment execution case was disposed of with a direction upon the learned Judge, 2nd Bench, Presidency Small Causes Court at Calcutta to dispose of the Ejectment Execution Case No.73 of 2018 as expeditiously as possible within a period of six months from the date of communication of the order, considering that the prayer of the petitioner is innocuous.
Now, the applicants/opposite parties have filed this application for recalling of the said order on the ground that some of their applications are still pending before the Court below and if expeditious hearing of said execution case is conducted, they will be prejudiced for not disposal of said applications. Accordingly, they prayed for recalling the order dated September 30, 2022 and also prayed for passing an 2 order of stay of the execution proceeding being Ejectment Execution Case No.73 of 2018.
Having considered the facts and law , I find no merit in the prayer made by the petitioner in the application for recalling of the said order, which according to me is vexatious and liable to be rejected with cost.
Accordingly, CAN 1 of 2022 is dismissed with a cost of Rs.10,000/- (Rupees Ten Thousand only),which will be paid by the applicants to the Calcutta High Court Legal Services Authority within a period of two weeks from the date of communication of the order.
CAN 1 of 2022 is accordingly disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Ajoy Kumar Mukherjee, J.)