Calcutta High Court (Appellete Side)
Smt. Aloka Bose & Anr vs Chandramouli Vithani on 4 November, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1 04.11.2019
(M/L-26) Ct.-14 (Susanta) C.O. 3000 of 2019 Smt. Aloka Bose & Anr.
-Vs-
Chandramouli Vithani Mr. Ashim Ghosal, Mr. Swapan Bhattacharya.
....... For the Petitioners Mr. S. Halder.
....... For the Opposite Party.
Affidavit-of-service filed in Court today be kept with the record. Mr. Ghoshal, learned Advocate appearing on behalf of the petitioners, submits that the grievance of the decree-holder/petitioner is that the disposal of the execution case levied by the petitioners for execution of the ejectment decree is being deferred on the ground of pendency of an appeal against the decree.
The pendency of the appeal against the decree will not automatically operate as stay of the execution case.
Mr. Halder, learned Advocate appearing on behalf of the judgment debtor candidly submits that no stay has been passed in the appeal against the decree under execution.
2In view of such position of the matter, the 9th Court of learned Civil Judge (Senior Division) at Alipore is directed to proceed with the Title Execution Case no. 39 of 2018 expeditiously and to dispose it of within a period of six weeks from the date of communication of this order, if in the meantime, no specific order of stay is communicated to the executing Court.
With the above C.O. 3000 of 2019 is, thus, disposed of. 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.)