Calcutta High Court (Appellete Side)
Kamal Sikdar vs Smt. Pankaj Kumari Pal Nee Dutta & Anr on 30 October, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1
30.10.2019.
ap
S.A. 187 of 2019
with
CAN 1833 of 2019
Kamal Sikdar
Vs.
Smt. Pankaj Kumari Pal nee Dutta & Anr.
Mr. Pradyot Kumar Nandy
... For the appellant.
Re: CAN 1833 of 2019
This is an application filed by the defendant/appellant praying for stay of all further
proceedings arising out of or in connection with Ejectment Execution Case No. 84 of 2018
presently pending in the 1st Court of the learned Civil Judge (Junior Division), Sealdah till the
disposal of the instant appeal.
I have heard Mr. Pradyot Kumar Nandy, learned advocate for the appellant/petitioner.
It appears from the record that the instant appeal was admitted on 7th August, 2019 by the
Division Bench of this Court on the following substantial question of law:
1. Whether the Civil Judge is competent to decide a suit for eviction filed by the
Thika tenant against the bharatiya in view of the provision contained in Section
8(3) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
It is submitted by the learned counsel for the appellant/petitioner
that the respondents/opposite parties have already filed an execution case,
being Ejectment Execution Case No. 84 of 2018 before the 1st Court of the learned Civil Judge (Junior Division), Sealdah. If during pendency of the appeal the appellant/petitioner is evicted in execution of the decree 2 impugned, he will suffer irreparable loss and injury and the instant appeal will be infructuous.
The appellant/petitioner is directed to serve notice of the instant application upon the respondents/opposite parties along with the Memorandum of Appeal under registered speed post with acknowledgement due within two weeks from date and file affidavit-of-service within one week from the date of service returned.
In the meantime, there shall be stay of all further proceedings for Ejectment Execution Case No. 84 of 2018 pending before the 1st Court of the learned Civil Judge (Junior Division), Sealdah till 25th November, 2019.
The appellant/petitioner is at liberty to pray for extension of the interim order of stay on compliance of direction relating to service of notice upon the respondents/opposite parties made hereinabove.
(Bibek Chaudhuri, J.)