Calcutta High Court (Appellete Side)
2084/2010 on 24 August, 2010
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
24.08.10 13 C.O. 2084 of 2010 Mr. S.K. Mullick ...... for the petitioner.
Heard learned advocate for the petitioner. Affidavit of Service filed by the petitioner be retained with the records. It appears that the notice has been duly served upon the Opposite Party on 07.07.2010. But none has appeared on behalf of the Opposite Party. This being the position, the application is taken up for hearing.
This application has been filed for expeditious disposal of the Ejecement Execution Case No. 81 of 2008 pending before the Small Causes Court at Calcutta.
In that case, an application under Order 21 Rule 99 of the Civil Procedure Code was filed and that application was treated as Misc. Case No. 203 of 2008. Thereafter, upon hearing of both the sides that application was dismissed and the Misc. Appeal was filed by the aggrieved persons before the City Civil Court at Calcutta being Misc. Appeal no.36 of 2009. In that appeared, the record of the Ejectment Execution Case no.81 of 2008 has been called for and that is why the execution case could not be proceeded with. Under the circumstances, the prayer for expeditious disposal has been sought for.
Upon hearing the learned advocate for the petitioner and/or consideration of the materials placed in support of the application, I find that the Misc. Appeal no. 36 of 2009 is pending before the City Civil Court and this has arisen out of the Misc. Case No. 203 of 2008. In order to dispose of the said Misc. Appeal, the record of the execution application is not required at all. The Misc. appeal can well be disposed of on the basis of the materials placed in the Misc. case.
This being the position, I am of the view that the application for expeditious disposal should be allowed. Accordingly, this application is allowed. The learned Executing court is directed to dispose of the Ejectment Execution Case no. 81 of 2008 as early as possible. He shall call for the case records of the Ejectment Execution case no.81 of 2008 from the appellate court that is City Civil Court as referred to above. For that purpose, if the certified copy of the execution application is required, the petitioner shall furnish the same before the appellate court.
Urgent Xerox certified copy, if applied for, be given to the learned advocate for the petitioner upon compliance of necessary formalities.
( PRASENJIT MONDAL ,J.)