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Calcutta High Court (Appellete Side)

Sri Arun Kumar Sutradhar vs Smt. Laxmi Singh & Ors on 13 February, 2020

Author: Bibek Chaudhuri

Bench: Bibek Chaudhuri

                                                      1

13.02.2020

Srimanta List - S/L Sl. No. 14 Ct. No. 17 C. O. 501 of 2020 Sri Arun Kumar Sutradhar

-Vs.-

Smt. Laxmi Singh & Ors.

Mr. Kushal Chatterjee, Adv., Mr. Iftekar Munshi, Adv.

...for the petitioner.

An execution case being Ejectment Execution Case No. 82 of 2018 is pending before the learned Civil Judge (Junior Division), 2nd Court at Barrackpore. It is stated by the Decree holder/petitioner that the Court of the learned Civil Judge (Junior Division), 4th Court at Sealdah has been transferred to Barrackpore and renamed as the Court of Civil Judge (Junior Division), 2nd Court, Barrackpore. The infrastructural condition of the said Court is such that it is not possible for the learned Civil Judge (Junior Division), 2nd Court at Barrackpore to arrange the records transferred from Sealdah to his Court in a proper place to commence hearing of such cases. The instant execution case is one of such case where dates are being put on skeleton records without even production of the records. The instant revision is admitted. A report be called for through the learned Registrar Administration (L & OM), High Court, Calcutta asking the learned Civil Judge (Junior Division), 2nd Court at Barrackpore as to whether it is practically possible for her to trace out the record of Ejectment Execution Case No. 82 of 2018 for conducting the said execution case further. Such report must be filed within a fortnight.

The petitioner is further directed to serve notice upon the opposite party by registered speed post with acknowledgement due and shall file affidavit-of- service on receipt of postal return or postal track report, whichever is earlier.

2

Let a copy of this order duly countersigned by the Assistant Registrar (Court) be sent to the learned Registrar Administration (L & OM) for information and necessary action.

(Bibek Chaudhuri, J.)