Calcutta High Court (Appellete Side)
Raj Kumar Jana vs Tapati Kumar (Samanta) & Anr on 10 December, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1 09,SL,Ct.18. 10.12.2019
AJ.
C.O. 3421 of 2019 Raj Kumar Jana
-Vs-
Tapati Kumar (Samanta) & Anr.
Mr. M. Mukherjee, Mr. V. Pradhan.
... for the petitioner.
The order proposed to be passed in the present revisional application under Article 227 of the Constitution of India since will not cause any prejudice to the opposite parties, service of notice of the present application upon the said opposite parties is dispensed with.
The opposite party no. 2 suffered a decree of eviction on April 30, 2013 and this Court has affirmed the said decree in second appeal.
The decree has been put into execution giving rise the Ejectment Execution Case No. 156 of 2013 before the learned Judge, 5th Bench, Presidency Small Causes Court, Calcutta.
The opposite party no. 1 in the said execution case has filed an application under Order XXI Rule 99 read with Section 151 of the Code of Civil Procedure inviting the Executing Court to decide her independent right, title and interest over the suit property. The said application has been registered before the executing Court as Misc. Case No. 164 of 2016. 2
The decree-holder/petitioner in the said misc. case has filed an application under Order XIV Rule 2 of the Code for framing a preliminary issue regarding maintainability of the said misc. case.
The grievance of the decree-holder/petitioner is that the said application is pending since August 10, 2017.
The application under Order XIV Rule 2 of the Code by it's nature demands expeditious disposal, the grievance of the decree-holder/petitioner is, therefore, justified.
The learned Executing Court is requested to dispose of the said application within a period of four weeks from the date of communication of this order positively without granting any unnecessary adjournment to either of the parties.
The petitioner shall communicate this order to the opposite parties well in advance for it's proper implementation.
With the above, C.O. 3421 of 2019 is disposed of. There shall be no order for costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)