Calcutta High Court (Appellete Side)
Sahajahan Bibi vs Sogra Bewa And Others on 14 June, 2019
1 C/l.
151. Bpg.
June 14, 2019 In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.1628 of 2019 Sahajahan Bibi Versus Sogra Bewa and others Mr. S. Adhikary.
...for the petitioner.
The petitioner is justified in arguing that the executing court acted without jurisdiction in recording that the petitioner filed certain rent receipts and might have a prima facie case, but refusing in the same breath to grant interim stay on the application filed by the petitioner under Order XXI Rules 98 to 101 read with Section 47 of the Code of Civil Procedure. It appears from the annexures of the present revisional application that a prima facie case for stay was made out by the petitioner by producing copies of rent receipts in her name in respect of the property-in-suit.
Accordingly, the petitioner will serve copies of C.O. No.1628 of 2019 on the opposite party nos.1 to 6 indicating that the matter will appear as a "Contested Application" in the monthly list of July, 2019.
2The petitioner will file an affidavit of service on the next date of hearing.
Service on the proforma opposite party is dispensed with for the present.
There will be stay of all further proceedings in Ejectment Execution Case No.10 of 2016 pending before the Civil Judge (Junior Division) at Bidhannagar, District-North 24 Parganas, till July 31, 2019 or until further orders, whichever is earlier. It is made clear that the question of imposition of occupation charges for grant of stay is kept open for being agitated at all subsequent stages of the present revisional application.
(Sabyasachi Bhattacharyya, J. )