Calcutta High Court (Appellete Side)
Smt. Trishna @ Krishna Chakraborty & Anr vs Darshan Lal Madan on 20 November, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1 (10) 20.11.2019
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION CO No. 3831 of 2019 Smt. Trishna @ Krishna Chakraborty & anr.
-versus-
Darshan Lal Madan Mr. Tarak Nath Halder, ...for the petitioners.
The order proposed to be passed in the present revisional application under Article 227 of the Constitution of India would not cause any prejudice to the opposite party, as such, service of notice of the present revisional application upon the said opposite party is dispensed with.
This revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs/decree-holders in a suit for ejectment. The plaintiffs have put the decree into execution, which gives rise to Ejectment Execution Case No. 10 of 2014.
The grievance of the petitioners is that they have filed an application for police help to execute the said decree registered as Misc. Case No. 26 of 2014 in the year 2014 but the same is still pending.
The decree has attained finality and should be executed at once. The execution case cannot be proceeded with unless the connected misc. case is disposed of. 2 The learned Executing Court is therefore directed to dispose of the said Misc. Case No. 26 of 2014 positively within a period of two months from the date of communication of this order without granting any unnecessary adjournment to either of the parties.
The time limit fixed by this order for disposal of the said misc. case is peremptory and mandatory.
The learned Executing Court is requested to dispose of the execution case after disposal of the said misc. case expeditiously.
CO 3831 of 2019 is thus disposed of. No order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.
(Biswajit Basu, J.)