Calcutta High Court (Appellete Side)
Md. Mustafa & Anr vs Md. Salim & Anr on 12 September, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 10 12.9.2017
CO 3025 of 2017 gd Md. Mustafa & Anr.
Vs. Md. Salim & Anr.
Ms. Shila Sarkar ..for the Petitioners The petitioners will serve the opposite parties and inform them that the matter will appear on October 26, 2017.
The grievance of the petitioners is that the petitioners' eviction suit against the opposite party no.2 was not contested by the opposite party no.2 whereupon a decree was passed. The opposite party no.2 applied for setting aside the ex parte decree, failed, complained to this court by way of a petition under Article 227 of the Constitution and failed again. The petitioners claim that the opposite party no.2 has set up husband, the opposite party no.1, to apply under Order XXI Rule 97 of the Code to resist the implementation of the eviction decree at a stage when orders had been passed pursuant to the petitioners' application under Rule 208 of 2 the Civil Rules and Orders.
The opposite party no.1 will show cause why the order impugned granting stay of further execution proceedings should not be set aside and the petitioners be directed to be given immediate possession of the decretal premises, subject to the result of the miscellaneous proceedings instituted by the opposite party no.1.
(Sanjib Banerjee, J.) 3