Calcutta High Court (Appellete Side)
Rkb vs Ct Sri Dipak Kanjilal & Anr on 14 December, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
18 14.12. C.O. 3043 of 2022 AG 2022 M / Sri Manni Lal Jaiswal & Ors RKB Vs Ct Sri Dipak Kanjilal & Anr 07 Mr. Souradipta Banerjee, Ms. Fatima Hasan, ... For the petitioners.
A direction to secure expeditious disposal of Ejectment Execution Case No. 100 of 2019 in connection with the Misc Case No. 180 of 2019 arising out of Ejectment Suit Not 281 of 2013 of learned Judge, Second Bench, Presidency Small Causes Court, Calcutta, is the ultimate relief sought for in this case.
Mr. Souradipta Banerjee, learned advocate appearing for the petitioners submits that application for police assistance for the execution of the decree under Order 21 Rule 97 of the CPC is getting delayed for the adjournment being granted on the prayer of the judgment-debtor, resulting in utter delay to the execution of the decree already granted by the Trial Court, followed by the affirmance of First Lower Appellate Court.
Incidentally, it is submitted that there is no second appeal preferred as yet against the decision the decision of the First Lower Appellate Court.
No other point is raised requiring address by this Court.
2In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.
Service upon the opposite parties is thus dispensed with.
Accordingly, learned Judge, Second Bench, Presidency Small Causes Court, Calcutta is requested to ensure expeditious disposal of execution case, after causing disposal of Misc Case No. 180 of 2019 under Order 21 Rule 97 CPC, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.
Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties.
With this observation and direction, the revisional application stands disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
(Subhasis Dasgupta, J)