Calcutta High Court (Appellete Side)
Debi Varma vs Ghanshyam Das Agarwala on 28 March, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 28.03.2019[01]
Ct.25 suman C.O. 3620 of 2018 Sumitra Debi Varma @ Sumitra Debi Varma Vs. Ghanshyam Das Agarwala Ms. Sabnam De ...for petitioner/defendant Mr. Tarak Nath Halder Mr. Sagnik Chatterjee ...for the opposite party By an order dated 27th February, 2019 a Co-ordinate Bench of this Court passed an order of stay of execution of ex parte decree dated 9th April, 2013 passed by the learned Civil Judge (Junior Division), Additional Court at Sealdah, South 24 Parganas in Ejectment Suit No.99 of 2005 till 20th March, 2019 or until further orders, whichever is earlier. Subsequently, the matter was assigned to the Bench presided over by the Hon'ble Biswajit Basu, J. and his Lordship fixed the matter for hearing on 9th April, 2019. On the prayer of the defendant/petitioner the instant matter is listed under the heading 'To Be Mentioned'.
2Ms. Sabnam De, learned advocate on behalf of the defendant /judgment debtor/petitioner submits orally that since the period of order of stay of execution passed by the Hon'ble Sabyasachi Bhattacharyya, J. on 27th February, 2019 has been expired, there is every possibility that the execution case pending against him will proceed. Therefore, the interim order may be extended. Mr. Tarak Nath Halder, learned advocate appearing for the opposite party submits that on 11th March, 2019 when the matter was fixed for hearing under the heading 'Assigned Matter' by the Hon'ble Biswajit Basu, J. it was agreed upon that the opposite party will not proceed with the execution proceeding till the disposal of the instant revision. Therefore, the opposite party has not taken any step in the execution case pending before the Additional Court of learned Civil Judge (Junior Division), Sealdah.
Be that as it may, when the petitioner is apprehending commencement of execution proceeding pending disposal of the instant revision at the instance of the opposite party and when the matter has already been fixed for hearing on 9th April, 2019, the order of stay of execution of ex parte decree dated 9th April, 2013 passed by the learned Civil Judge (Junior Division), 3 Additional Court at Sealdah which was granted on 27th February, 2019 be extended till 9th April, 2019.
(Bibek Chaudhuri, J.)