Calcutta High Court (Appellete Side)
(Ad 2) vs Dr. Susanta Banerjee on 17 September, 2025
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
Court No. 6 CO 2998 of 2025 (265719) 17.09.2025
Sri Samar Bhusan Das & Anr.
(AD 2) Vs. Dr. Susanta Banerjee (S. Banerjee) Mr. Tanmoy Mukherjee Ms. Soma Chakraborty ...for the petitioners Mr. Anindya Lahiri, Sr. Advocate Mr. Subhomoy Paul Mr. Anish Chakraborty ...for the opposite party This application under Article 227 of the Constitution of India is at the instance of the decree- holder praying for a direction upon the office of the learned District Judge, North 24 Parganas at Barasat to comply with the order dated September 4, 2023 passed in Ejectment Execution Case No. 6 of 2022. By the order dated September 4, 2023, the Clerk-in- charge of the Nezarath Department of the Court of the learned District Judge, North 24 Parganas at Barasat was directed to issue notice upon the judgment- debtor calling upon him to take delivery of 29 moveable articles found and recovered from the decreetal property at the time of execution of the decree in connection with Ejectment Suit No. 85 of 2004 within the time limit indicated in the said order 2 and in default whereof, the said articles shall be sold in public auction at the risk of the judgment-debtor and the proceeds shall be applied for meeting the legitimate expenses of sale and the balance, if any, will be refunded to the judgment-debtor.
Pursuant to the order dated August 18, 2025 a copy of the civil revision application was served upon the opposite party.
Mr. Lahiri, learned Senior Advocate representing the judgment-debtor/opposite party submits on instruction that the judgment-debtor shall take delivery of the 29 number of moveable articles as indicated in the report of the Bailiff which forms part of this civil revision application on September 20, 2025 at or about 11 a.m. Mr. Mukherjee, learned advocate appearing for the petitioners submits that the parties be allowed to remain present at that time.
In order to supervise the act of removal of the articles from the decreetal property, the learned Advocates-on-record of the petitioners and the opposite party before this Hon'ble Court are appointed as Joint Special Officers for supervising the act of removal of the aforesaid articles by the judgment-debtor from the decreetal property. 3
The parties are directed to pay the remuneration to their respective Joint Special Officers as may be decided by such parties.
It is, however, made clear that the judgment- debtor shall make necessary arrangements including engagement of manpower for the purpose of removal of those articles.
The entire act of removal shall be completed by 5 p.m. on that date (20.09.2025).
While removing the articles the judgment-debtor shall take care so that the decreetal property is not damaged in any way.
List this matter under the heading 'To be mentioned' for filing of the report of the Joint Special Officers on 23.09.2025.
(Hiranmay Bhattacharyya, J.)