Calcutta High Court (Appellete Side)
Kabal Singh vs Smt. Seema Satnalika on 4 September, 2024
Author: Biswajit Basu
Bench: Biswajit Basu
04.09.2024 (M/L-82) Ct.-19 (Susanta) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 484 of 2024 Kabal Singh
-Vs-
Smt. Seema Satnalika Ms. Soma Kar Ghosh, Mr. Arabinda Pathak, Ms. Suparna Pal, ... For the Petitioner.
Mr. Goutam Das, .... For the Opposite Party. The petitioner has suffered a decree of eviction in the Ejectment Suit no. 32 of 2019. The said decree was put into execution giving rise to connected Ejectment Execution case no. 21 of 2022 before the learned Civil Judge (Junior Division) at Bidhannagar, District: 24-Pargnas (North).
In the said execution case, the petitioner has filed an application under Section 47 of the Code of Civil Procedure alleging that the decree was passed against a dead person, as such, a nullity. The said application has been registered as Misc. Case No. 5 of 2023.
The Executing Court by the orders impugned dated January 20, 2023 and February 06, 2023 has refused to grant stay of the said execution case without hearing the decree-holders. 2 There is no illegality and/or infirmity in such approach of the Executing Court. Mr. Gautam Das, learned advocate appears on behalf of the decree-holder and submits that his client would appeal and contest the said Misc. Case.
Be that as it may, the orders impugned do not call for any interference.
C.O. 484 of 2024 is dismissed with the above terms without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court.
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.)