Calcutta High Court (Appellete Side)
Noor Md. Ansari @ Doma vs Mst. Ahamedi Begum & Anr on 10 February, 2021
Author: Biswajit Basu
Bench: Biswajit Basu
10.02.2021 (S/L-02) Ct.-18 (Susanta) (Via Video Conference) C.O. 283 of 2021 Noor Md. Ansari @ Doma
-Vs-
Mst. Ahamedi Begum & Anr.
Ms. Debjani Ray, Mr. Bishajib Ghosh, Mr. Sumitava Chakraborty, ...... For the petitioner.
The petitioner has suffered an eviction decree and has preferred an appeal against the said decree.
The appeal is now pending before the 15th Court of Additional District Judge at Alipore, District 24-Parganas (South) Ms. Ray, learned Counsel appearing on behalf of the petitioner, submits that the said Court is lying vacant and the application for stay of operation of the judgment and decree under appeal has been kept pending by the Appeal Court below for consideration along with the appeal.
Under such circumstances, the petitioner applied before the Executing Court for stay of the connected Execution Case but the application for stay has been rejected by the order impugned which is completely an unreasoned order. 2 The appeal against eviction decree and the application for stay thereto are pending before the Appeal Court.
The Appeal Court is lying vacant, at this stage, the petitioner has rightly moved the Executing Court for an order of stay of further proceeding of the Execution Case levied to execute the decree under appeal. The Executing Court prima facie is not justified in rejecting such an application with a completely unreasoned order. The petitioner is directed to serve copy of the revisional application upon the opposite party by speed post with acknowledgement due intimating that the matter will come up in the list for further consideration on February 24, 2021 under the heading "Motion".
The petitioner is required to serve a notice upon the learned advocate representing the opposite parties in the connected Execution Case communicating this order.
There shall be stay of all further proceedings of the ejectment Execution No. 34 of 2019 pending before the 2nd Additional Court of Learned Civil Judge (Junior Division) at Alipore, District 24-Parganas (South) till the end of the 3 month of March 2021 or until further order whichever is earlier.
The petitioner to file affidavit of service on the next date of hearing.
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.)