Calcutta High Court (Appellete Side)
Shukamal Kanti Dey vs Sabita Chowdhury & Ors on 18 March, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 18.03.19
Srimanta List - S/L Sl. No. 01 Ct. No. 25 C. O. 947 of 2019 Shukamal Kanti Dey
-Vs.-
Sabita Chowdhury & Ors.
Mr. Siva Prosad Ghose, Adv., Mr. Chandra Bhanu Sinha, Adv., Mr. Rohit Kumar Shaw, Adv.
...for the petitioner/defendant/Judgment debtor. Mr. Arijit Sarkar, Adv.
...for the caveators/opposite parties. The instant revision under Article 227 of the Constitution of India arises challenging an order dated 4th August, 2018 in Ejectment Execution Case No. 18 of 2013 passed by the learned Additional Civil Judge (Junior Division) at Sealdah.
Mr. Arijit Sarkar, learned Advocate for the caveators/opposite parties has entered appearance. On perusal of the impugned order it is ascertained that Judgment debtor's application for examination of a witness in an execution proceeding was rejected by the executing Court.
Since the petitioner has been able to make out a prima facie case, the matter is required to be heard.
Fix on 1st April, 2019 for hearing of the instant revision as a 'contested application', affidavit-in-opposition, if any, in the meantime.
The learned executing Court shall not proceed with further hearing of the execution case till 1st April, 2019.
(Bibek Chaudhuri, J.)