Calcutta High Court (Appellete Side)
Smt. Kalpana Sadhukhan & Ors vs M/S. Kwality Restaurant & Ors on 3 March, 2020
Author: Biswajit Basu
Bench: Biswajit Basu
1 03.03.2020
(M/L-45) Ct.-18 (Susanta) C.O. 669 of 2020 Smt. Kalpana Sadhukhan & Ors.
-Vs-
M/s. Kwality Restaurant & Ors.
Mr. Saumyen Datta, Mr. Tapas Singha Roy, Mr. Aniket Mitra.
...... For the Petitioners.
Mr. Ayan Banerjee, Mr. Suman Banerjee.
..... For the Opposite Parties.
The opposite party nos. 2 and 3 have suffered a decree of eviction. The said decree being put into execution gives rise to ejectment Execution Case no. 4 of 2013 before the 2nd Court of Learned Civil Judge (Junior Division), Alipore.
The opposite party no. 1 has filed an application under order XXI Rule 99 of the Code of Civil Procedure in the said execution Case inviting the Executing Court to determine its independent right, title and interest over the suit property which has been registered before the said Court as Misc. Case no. 175 of 2019.
The petitioners/decree-holders are complaining that the pendency of the said Misc. Case is stalling the progress of the Execution Case and pray that an 2 appropriate direction be passed directing the to the Executing Court for expeditious disposal of the said Misc. Case.
Mr. Ayan Banerjee, learned advocate appears on behalf of the judgment debtors/opposite party nos. 2 & 3 who are the opposite party nos. 8 & 9 of the said Misc. Case.
In view of the appearance of the opposite parties in the present revisional application the formal service of notice of the said Misc. Case upon the judgment-debtors/opposite parties is dispensed with.
C.O. 669 of 2020 is disposed of with request to the learned Executing Court to dispose of the said Misc. Case within a period of four weeks from the date of communication of this order positively without granting any unnecessary adjournment to either of the parties.
The Executing Court after disposal of the said Misc. Case shall make all endeavour to dispose of the Ejectment Execution Case No. 4 of 2013 within a period of six weeks.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)