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Calcutta High Court (Appellete Side)

Sri Debashis Das & Anr vs Gopal Chowdhury on 17 February, 2020

18,SL,Ct.18.
17.02.2020

.

AJ.

C.O. 545 of 2020 Gobinda Charan Das, since deceased his heirs and legal representatives Sri Debashis Das & Anr.

-Vs-

Gopal Chowdhury Mr. Kaushik Dey, Ms. Marisha Mullick.

... for the petitioners.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite party, as such, service of notice of the present application upon the said opposite party is dispensed with.

The petitioners being the decree holders have put the ejectment decree into execution, giving rise to the Ejectment Execution Case No. 1395 of 2014 before the learned Judge 6th Bench, Presidency Small Causes Court, Calcutta.

Mr. Dey, learned advocate appearing on behalf of the petitioners complains that although the decree was put into execution in the year 2014, but disposal of it has been unnecessarily delayed due to dilatory tactics adopted by the judgment-debtor.

The nature of the decree, under execution demands it's execution expeditiously.

C.O. 545 of 2020 is disposed of with a request to the learned Judge 6th Bench of the Presidency Small Causes Court at Calcutta to dispose of the said execution case expeditiously preferably within a period of eight weeks from the date of communication of this order if it is otherwise ready for disposal.

There shall be no order for 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.)