Calcutta High Court (Appellete Side)
Md. Sajjad Ahmed vs Akhtar Ali on 14 June, 2019
1 Cl. June 14, 133 2019 High Court at Calcutta Civil Revisional Jurisdiction C.O. 1545 of 2019 Md. Sajjad Ahmed Versus Akhtar Ali Mr. Tarak Nath Halder, ...for the petitioner.
The petitioner has raised a valid question as to the executing court having acted without jurisdiction in refusing stay of execution of an eviction decree, without assigning proper reasons for doing so and without adverting to the merits and the question of prima facie case being involved.
Accordingly, the petitioner is directed to serve a copy of this revisional application bearing C.O. 1545 of 2019 on the opposite party, along with a notice indicating that this revisional application will appear for hearing as a "listed motion" in the monthly combined list of cases for the month of July, 2019 and to file an affidavit of service to that effect at the next hearing.
There will be stay of all further proceedings in Ejectment Execution Case No. 90 of 2018 pending before the Civil Judge (Junior Division), Second Court at Sealdah, District - South 24- 2 Paraganas, till July 31, 2019 or until further orders, whichever is earlier, subject to the petitioner paying the opposite party an ad hoc lumpsum occupational charges of Rs. 10,000/-, which will be subject to final disposal of this revisional application, within a fortnight from date. In default of such payment, the stay granted herein will stand vacated automatically without further reference to this court.
dns ( Sabyasachi Bhattacharyya, J. )