Calcutta High Court (Appellete Side)
Sri Kashi Nath Bardhan vs Tushar Kanti Mondal & Ors on 22 August, 2019
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
1 22.08.19 Ct. 25 ab 35 C.O. 2189 of 2019 (Assigned) Sri Kashi Nath Bardhan
-Vs-
Tushar Kanti Mondal & Ors.
Ms. Koyeli Bhattacharyya, ... for the petitioner This is an application under Article 227 of the Constitution filed by the decree-holder/petitioner challenging legality, validity and/or propriety of the order dated February 22, 2019 passed by the 3rd Bench of the Small Causes Court at Calcutta in Ejectment Execution Case No. 198 of 2003.
On perusal of the record, I find that the instant revision has not been admitted as yet and before admission, it is assigned to this Court.
In connection with the Ejectment Execution Case No. 198 of 2003, the decree- holder/petitioner filed an application for police help under Order 21 Rule 97 CPC which was registered as Misc. Case No. 134 of 2012.
Order No. 77 dated 17th December, 2018 passed by the learned Executing Court shows that the opposite parties informed the Court about the death of the opposite party No. 2. Accordingly, the decree-holder/petitioner was directed to take step by 15th January, 2019. The judgement-debtor/opposite parties were directed to file death certificate of the opposite party No. 2 so that the decree- holder/petitioner might be able to take appropriate step for substitution of legal heirs and representatives of the deceased opposite party No. 2. Substituted opposite party Nos. 1(b) and 1(c) complied with the said order on January 15, 2 2019 by filing death certificate of opposite party No. 2. The decree- holder/petitioner also filed an application under Section 151 of the Code of Civil Procedure in Court below. The learned Executing Court fixed 22nd February, 2019 for hearing of the said application under Section 151 of the Code of Civil Procedure filed by the decree-holder/petitioner. However, on 22nd February, 2019, the said application could not be heard on the ground that the learned advocates of the trial Court took a resolution not to take part in any judicial proceeding on that date. Therefore, the learned Executing Court fixed 7th May, 2019 for hearing of the application under Section 151 of the Code of Civil Procedure filed by the decree-holder/petitioner.
On perusal of the order impugned, I find that the said order is not revisable inasmuch as no case is decided by the order dated 22nd February, 2018.
At this stage, learned advocate for the petitioner submits that the petitioner is not willing to proceed with the instant revision and the same may be disposed of as withdrawn.
In view of such submission, let the instant revision being C.O. 2189 of 2019 be disposed of as withdrawn.
(Bibek Chaudhuri, J.)