3782/2011 on 2 January, 2012

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Calcutta High Court (Appellete Side)

3782/2011 on 2 January, 2012

Bench: Prasenjit Mandal

Basudev C.O. 3782 of 2011 Mr. S. K. Mallick - For the Petitioner.

Heard the learned counsel appearing for the petitioner.

Affidavit of service filed by the learned counsel appearing for the petitioner be kept with the record.

Service has been effected but none appears on behalf of the opposite party.

Accordingly, this application is taken up for hearing.

This application is at the instance of the decree-holder and is directed for expeditious disposal of the Misc. Case being no. 203 of 2008 arising out of the Ejectment Execution Case being no. 81 of 2008.

The short fact necessary for the disposal of this revisional application is that the plaintiff got a decree for ejectment from the Hon'ble Apex Court and in consequence the appropriate decree was passed by the learned trial Judge. That decree was put into execution by filing the appropriate application in the Ejectment Execution Case being no. 81 of 2008. he delivery of possession was resisted. Accordingly, the petitioner was compelled to file an application for rendering police help and the said application was converted into Misc. Case being no. 203 of 2008.

So, this revisional application has been preferred.

Upon hearing the learned counsel appearing for the petitioner and on perusal of the materials on record, I am convinced that the situation demands certain directions upon the learned Executing Court for expeditious disposal of the said Misc. Case vis-a-vis the Execution Case. Accordingly, this revisional application is disposed of by passing the following orders :

i) That the learned Executing Court i.e. the learned Judge, 5th Bench, Small Causes Court shall dispose of the Misc. Case being no. 203 of 2008 as expeditiously as possible and it must be disposed of within two months from the date of communication of this order;

ii) That he shall not grant any unnecessary adjournment to either of the parties in disposal of the said Misc. Case; and

iii) That thereafter he shall take proper steps for early disposal of the said Ejectment Execution Case being no. 81 of 2008.

Urgent xerox certified copy, if applied for, be given to the petitioner upon compliance of necessary formalities.

(Prasenjit Mandal, J.)

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Calcutta High Court (Appellete Side)