Calcutta High Court (Appellete Side)
Sri Ajit Kumar Kantilal Shah And Others vs M/S Elite Press on 11 December, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.17.
December 11, 2014.
SG CO 3912 of 2014 Sri Ajit Kumar Kantilal Shah and others
-versus-
M/s Elite Press Mr Malay Kumar Das Mr Dibyajyoti Raha ... for the petitioners.
In view of the order sought and proposed to be made, no previous service is required to be effected on the judgment-debtor. The petitioners will, however, remain obliged to forward a copy of the petition along a copy of this order to the opposite party.
The petitioners have obtained a decree for eviction in 2001 and the second appeal has been dismissed only in September, 2013. The petitioner complains of the executing court not proceeding with the execution and permitting repeated adjournments to the judgment-debtor.
Since the petitioners say that there is no impediment to the execution proceedings being continued and concluded, CO 3912 of 2014 is disposed of by requesting the V Bench, Small Causes Court at Calcutta to ensure that Ejectment Execution Case 48 of 2010 arising out of Ejectment Suit 2073 of 2000 is brought to its logical conclusion without granting any adjournments to the judgment- debtor as expeditiously as possible and, preferably, within three months of the date of receipt of a copy of this order.
2It is made clear that unless there is an order of any judicial forum restraining the executing court or the decree-holders from proceeding with the execution, the execution proceedings should not be adjourned.
There will be no order as to costs.
Certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Sanjib Banerjee, J.)