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Calcutta High Court (Appellete Side)

Sree Sree Iswar Ganesh Chandra Jiw And ... vs Austin Distributors (P) Ltd on 26 November, 2018

Author: Rajasekhar Mantha

Bench: Rajasekhar Mantha

                                       1


Sl 22
26-11-2018

ct no. 14 s.d.

C. O. 473 of 2018 Sree Sree Iswar Ganesh Chandra Jiw and others.

-VS-

Austin Distributors (P) Ltd..

Mr. Surajit Nath Mitra Mr. Aniruddha Roy Mr. Sankarsan Sarkar .....for the Petitioners Mr. Saptansu Basu Mr. Anil Chowdhury Mr. Supratim Laha Ms. Rituparana Chatterjee .....for the O. P. The instant revisional application has been filed seeking a direction on the Learned Additional Civil Judge(Junior Division), Sealdah to pronounce the final order on the issue of mesne profits in Misc. Case No. 45 of 2010 arising out of a decree passed in Eviction Suit No. 4 of 2004.

The said original decree came to be challenged before the first appellate court below and had failed. The said challenge was carried to this court in the form of a second appeal, which is stated to have been dismissed for default in the year 2014 by this Court.

The judgment debtors/opposite parties have filed an application for restoration of the second appeal which is since pending. In the meantime, in C. O. 1266 of 2013, a Single Bench of this Court vide its order dated 8th July, 2013 directed that the final order on the question of mesne profits shall not be pronounced by the court below till the disposal of the second appeal and shall abide by the result of the second appeal being S. A. 69 of 2011.

There are changed circumstance today since the second appeal has been dismissed, albeit for default and an application for restoration thereof is pending before the second appellate court.

Hence, the learned first court shall pronounce the final order on the question of mesne profits payable to the landlord but such order shall not be given any effect to and shall abide by the order/final order that may be passed in the aforesaid S. A. 98 of 2011.

With the above direction, C. O. 473 of 2018 is disposed of.

There will be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajasekhar Mantha, J.)