Calcutta High Court (Appellete Side)
Shukamal Kanti Dey vs Hemendra Kumar Chowdhury on 3 September, 2018
1 46 03.09.2018
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 2988 of 2018 Shukamal Kanti Dey
-Vs.-
Hemendra Kumar Chowdhury Mr. Siva Prosad Ghose, Mr. Chandra Bhanu Sinha, Mr. Rohit Kumar Shaw ...for the petitioner There is substance in the contention of the judgment- debtor/petitioner that the trial court might have refused to exercise jurisdiction vested in it by law by refusing the petitioner's prayer to examine one Bachchu Roy, who apparently was the witness to the bailiff's report with regard to resistance of the eviction decree by the judgment-debtor, and as such was a vital witness.
Accordingly, petitioner will serve a copy of C.O. No. 2988 of 2018, on the opposite party indicating that the matter will appear as a "listed motion" in the monthly list of November, 2018.
The petitioner will file an affidavit of service on the next date of hearing.
2There will be an order of stay of all further proceedings in Ejectment Execution Case No. 18 of 2013, arising out of Ejectment Suit No. 668 of 2004, pending before the Civil Judge (Junior Division), Additional Court at Sealdah, District South 24-Parganas, till November 30, 2018 or until further order, whichever is earlier.
(Sabyasachi Bhattacharyya, J.)