Calcutta High Court (Appellete Side)
3495/2010 on 8 December, 2010
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
1 08.12.10
C.O. 3495 of 2010 Basudev Mr. Jiban Ratan Chatterjee, Mr. N. C. Bihani
- For the Petitioners.
Mr. Kaushik De
- For the O.P. Heard learned counsel for both the sides.
This application is at the instance of the defendant-petitioners and is filed for expeditious disposal of the application under Order XXXI Rule 19 of the Code of Civil Procedure along with a prayer for stay of the application.
The short fact is that the plaintiff-opposite party instituted a suit being Title Suit being no. 211 of 1993 before the learned Civil Judge (Junior Division),1st Court, Contai for recovery of possession upon revocation of licence. That suit was decreed on contest. Thereafter an appeal was preferred by the petitioners but that appeal was dismissed for default. Thereafter the petitioners preferred an application under Order XXXXI Rule 19 of the Code of Civil Procedure which has been made as J. Misc. Case being no. 5 of 2009. That Misc. Case is still pending. Under the circumstances, prayer for stay was made before the learned Appellate Court but no stay was granted.
Under such circumstances, this application has been preferred.
2Upon due consideration of the submission of the learned counsel and on perusal of the materials on record, I am of the view that this application can well be disposed of by passing the following orders:
i) That the learned Appellate Court shall dispose of the Misc.
Case being no. 5 of 2009 within two months from the date of communication of this order; and
ii) That there shall be an order or stay of Title Execution Case being no. 22 of 2009 pending before the learned Executing Court, i.e. Civil Judge (Junior Division), 1st Court, Contai till the disposal of the said Misc. Case.
There shall be no order as to costs.
Urgent xerox photostat copy, if applied for, be supplied to the petitioners subject to the compliance of requisite formalities.
(Prasenjit Mandal, J.) 3 4 01.10.10 C.O. 3149 of 2010 Basudev Mr. Malay Kr. Das, Mr. Dibyajyoiti Raha
- For the Petitioner.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner is directed to serve notice upon the opposite party by registered post with acknowledgement due card intimating that the opposite party shall file affidavit-in-opposition within four weeks after the ensuing Puja Vacation and the reply, if any, thereto two weeks thereafter and shall file affidavit of service on the next date of hearing. The matter shall appear for hearing in the Monthly List of December, 2010 as "Contested Application".
As regards stay, upon due consideration of the materials on record, I am of the view that interim order of stay as prayed for should be granted after a limited period.
Accordingly, all the further proceeding of the Ejectment Suit pending before the learned Civil Judge (Junior Division), 2nd Court, Alipore be stayed for a period of three months or until further order whichever is earlier.
Urgent xerox certified copy, if applied for, be given to the learned counsel for the petitioner upon compliance of necessary formalities.
(Prasenjit Mandal, J.) 5 01.10.10 C.O. 3149 Basudev Mr. Malay Kr. Das, Mr. Dibyajyoiti Raha Heard learned couns Learned counsel fo serve notice upon the op with acknowledgement d opposite party shall file four weeks after the ensui if any, thereto two weeks t of service on the next dat appear for hearing in the M as "Contested Application"
As regards stay, u materials on record, I am stay as prayed for shou period.
Accordingly, all th Ejectment Suit pending (Junior Division), 2nd Co period of three months or earlier.
Urgent xerox certifie to the learned counsel for of necessary formalities.6
Mr. Bhattacharya, learned counsel appears on behalf of the opposite party no. 1 and the other opposite parties are the proforma opposite parties.
This being the position, service of notice upon the opposite party nos.
2 to 7 is dispensed with. So, service of notice is complete.
Heard learned counsel for both the sides.
This being the position, let the application shall come up for hearing under the heading "Contested Application" in the monthly list of December, 2010.
The opposite parties may file affidavit-in-opposition within three weeks after the ensuing Puja Vacation and the reply, if any, thereto two weeks thereafter.
As regards prayer for interim order of stay, it is hereby recorded that the petitioner may take loan from any third party if he desires to do so.
Urgent xerox plain copy of this order duly countersigned by the Assistant Registrar(Court) be handed over to the learned counsel for the petitioner upon compliance of necessary formalities.
(Prasenjit Mandal, J.) 7