Calcutta High Court (Appellete Side)
Smt. Manju Agarwal & Anr vs Sanjib Ranjan Bhattacharya & Ors on 13 January, 2020
Author: Biswajit Basu
Bench: Biswajit Basu
1 13.01.2020
(S/L-15) Ct.-18 (Susanta) C.O. 3963 of 2019 Smt. Manju Agarwal & Anr.
-Vs-
Sanjib Ranjan Bhattacharya & Ors.
Mr. Sib Nath Ganguly.
..... For the Petitioners.
Mr. Debabrata Roy.
..... For the Opposite Parties.
The petitioners are the holders of the decree passed in Ejectment Suit No. 14 of 2017.
The said decree was put into execution giving rise to ejectment Execution Case no. 68 of 2018 pending before the 2nd Court of Learned Civil Judge (Junior Division), Sealdah.
In the said Execution Case the opposite party no. 1 has filed an application under Order XXI Rules 99, 100 and 101 for determination of his independent right of tenancy over the suit property. The said application has been registered before the Executing Court as Miscellaneous Case No. 188 of 2018.
The Executing Court by an order dated November 16, 2018 passed in the said misc. case stayed the further proceeding of the said execution case unconditionally till January 2, 2019. The said interim order was subsequently extended time to time and is still subsisting. 2 The petitioners have filed two applications; one for vacating the said interim order or fixation of occupation charges as the condition for the said order of stay and the other application for deciding the said misc. case on the point of maintainability.
The grievance of the petitioners is that the further proceeding of the execution case cannot be stayed unconditionally as such the application for vacating the said order of stay is required to be heard expeditiously.
The further grievance of the petitioner is that the misc. case filed by the opposite party no. 1 is not maintainable in view of Section 2(g) of the West Bengal Premises Tenancy Act, 1997, therefore, the said application is also required to be heard expeditiously.
The nature of the aforementioned two applications demands their expeditious disposal.
The learned Executing Court, therefore, is requested to dispose of the said applications expeditiously preferably within a period of four weeks from the date of communication of this order without granting any unnecessary adjournment to either of the parties.
It is made clear that this Court has not gone into the merit of the said applications.
The learned Executing Court is free to decide the same in accordance with law.
With the above C.O. 3963 of 2019 is disposed of. There shall be no order as to costs.
3Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)