Calcutta High Court (Appellete Side)
2398/2013 on 12 November, 2013
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
1 2.11.13300
jpg C. O. No. 2398 of 2013 Mr. Kashi Nath De, Mr. SandipKr. De .. For the Petitioners.
Heard the learned advocate for the petitioners. This application is at the instance of the decree holders and is filed for passing appropriate orders in the Ejectment Execution Case No. 98 of 1985 pending before the learned Registrar, City Civil Court, Calcutta and the orders passed thereon.
Having heard the learned advocate for the petitioners and on going through the materials on record, I am of the view that this application should be admitted for proper adjudication of the disputes. Accordingly, the application is admitted.
The petitioners are directed to service a notice upon the opposite parties by registered post/speed post with acknowledgement due that the opposite parties may file affidavit in opposition by three weeks hence and reply, if any, thereto, may be filed by two weeks thereafter.
Let the matter appear for hearing under the heading "Contested Application" in the combined monthly list of January, 2014.
Since the petitioners have contended that the learned Executing Court has not passed any order with regard to that execution case, I am of the view that a report should be called for from the learned Registrar, City Civil Court, Calcutta.
Accordingly, the learned registrar, City Civil Court, Calcutta is directed to furnish a report on the application relating to the execution case and the orders passed thereon and he shall also furnish one set of xerox copy of the orders passed in the said execution case by 19th December, 2013 without fail.
The Registrar General is directed to intimate the concerned learned Registrar, City Civil Court, Calcutta accordingly.
2The petitioners are directed to deposit the requisite special messenger cost along with a copy of this application supported by the affidavit and the annexures so as to given proper reply by the learned Registrar, City Civil Court, Calcutta within the aforesaid time.
The special messenger's cost must be deposited within a week from date without fail.
Urgent photostat certified copy of the order, if applied for, be supplied to the learned advocate for the petitioners as early as possible.
(Prasenjit Mandal, J.)