Calcutta High Court (Appellete Side)
Bholanath Kundu vs S.A. Talhan on 17 December, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 AD-22 December 17, 2014 md.
C.O. 3951 of 2014 Bholanath Kundu Vs. S.A. Talhan Mr. Abhijit Ray .. for the petitioner The grievance of the petitioner is that the execution of an ex parte decree for eviction has remained pending for five years without appropriate steps being taken by the executing Court. The petitioner says that upon the records being misplaced or destroyed in a fire at the Small Causes Court, they have been reconstructed.
The petitioner submits that since the execution proceedings were instituted before the expiry of two years from the date of the decree, no previous notice was required to be served on the judgment-debtor. The petitioner claims that the writ of possession has to be issued and if the possession is resisted, the law would take its own course.
Since it appears that the execution proceedings have been considerably delayed because of the fault of 2 the Court and not of the decree-holder, C.O.3951 of 2014 is disposed of by requesting the V Bench, Small Causes Court at Calcutta to bring Ejectment Execution Case No.65 of 2009 to a logical end as expeditiously as possible and, preferably, within three months from date.
There will be no order as to costs. Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)