Calcutta High Court (Appellete Side)
Dr. Tapan Kumar Dutta vs Dhaananjoy Barik & Ors on 5 July, 2017
Author: Mir Dara Sheko
Bench: Mir Dara Sheko
1
In The High Court At Calcutta
05-07-2017
sh-7
Civil Revisional Jurisdiction
.
CO 2148 of 2012 Dr. Tapan Kumar Dutta v.
Dhaananjoy Barik & Ors.
None appears on behalf of either of the parties. However, considering the old age of the application, being CO 2148 of 2012 filed under Article 227 of the Constitution of India assailing Order No. 62 dated December 20, 2011 passed by learned 4th Judge, Presidency Small Causes Court at Calcutta in Misc. Case No. 153 of 2011 arising out of Ejectment Execution Case No. 61 of 2004 arising out of Ejectment Suit No. 374 of 2000 is taken up for consideration and disposal on merit since the materials on record are noticed to be sufficient.
It reveals from the record that the petitioner has come up against Order No. 62 dated December 20, 2011. The same being very small one containing five lines only is set out below:-
2
"Both parties file hazira through their respective Advocates. Petitioner has filed death information of O.P. No. 2 and 4 namely Biswanath Baij and Paresh Nath Baij before this Court today. The record is taken up for hearing stay petition filed by the petitioner. Heard Ld. Advocates for both sides in part.
Fix 20.1.12 for further hearing of stay petition and taking steps."
Though the revisional application has been filed assailing the order quoted above, the same did not decide any right to the parties, nor even such an order was not passed to disturb the stage of the proceeding pending before the learned trial Court in any manner rather learned trial Court fixed another date for further hearing of the stay petition and for taking steps. The revisional application, therefore, having no merit is held not maintainable and stands dismissed.
However, there shall be no order as to costs. Stay order, if any, also stands vacated. Since none appears department is directed to communicate a copy of this order to learned trial Court for information.
3
Urgent xerox certified copy of this order, if applied for, be given to the parties after completion of all the formalities.
(Mir Dara Sheko, J)