Calcutta High Court (Appellete Side)
Sri Hari Prasad Beriwal vs Sri Arindrajit Saha And Others on 18 August, 2017
1 18.08.2017
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Item No. 2C.R.C. 25 of 2017 Sri Hari Prasad Beriwal Vs. Sri Arindrajit Saha and others.
Mr. Tanoy Chakraborty, Mr. Abhishek Singh.
... for the petitioner/applicant.
Mr. Probal Kumar Mukherjee, Mr. Shuvanil Chakraborty.
... for the alleged contemnor nos. 1 to 5.
Mr. Ashok Basu, Mr. Arujit Basu, Mr. Kaniz Rahaman.
... for the alleged contemnor nos. 6 & 7.
Pursuant to the Rule, the alleged contemnor nos. 1, 3 and 6 are personally present in Court today. It appears that the contemnor nos. 1 to 5 sold, transferred, conveyed and also parted with the possession of the suit premises to the alleged contemnor nos. 6 and 7.
Mr. Probal Kumar Mukherjee, learned senior advocate, is representing the alleged contemnor nos. 1 to 5. He submits that the alleged contemnor nos. 4 and 5 are aged about 92 and 96 years respectively and it was not possible for them to personally appear before this Court. So far as the alleged contemnor no. 2 is concerned, he is currently in abroad. He, however, prays for dispensation of personal appearance of the alleged contemnors nos. 1 to 5.
2Considering the age of the alleged contemnor nos. 4 and 5 and that the alleged contemnor no. 2 is out of country, their personal appearance stand dispensed with until further order. Since the alleged contemnor nos. 1 and 3 are present in Court today, their personal appearance is also stand dispensed with until further order.
The alleged contemnor no. 7 is the wife of the alleged contemnor no. 6, who is personally present in Court today. It is submitted on behalf of those alleged contemnors that the alleged contemnor no. 7 is having two minor children and, therefore, her personal appearance should be dispensed with.
Considering the above fact, the personal appearance of both the alleged contemnor nos. 6 and 7 stand dispensed with until further order.
However, this Court finds that the possession has also been given simultaneously with the execution and registration of the Deed of Sale in favour of the alleged contemnor nos. 6 and 7 by the alleged contemnor nos. 1 to 5.
This Court, therefore, appoints Mr. Hiranmoy Bhattacharya, a practicing advocate of this Court, as a Special Officer to take possession of the tenanted flat, which was in their occupation before the ex parte decree was executed and shall put a padlock on the main entrance door and retain the key until further orders.
The alleged contemnor nos. 6 and 7 are directed to hand over the possession of the said flat to the Special Officer within ten days from date.
In default of the possession being given to the Special Officer within the time indicated herein above, it is open to the Special Officer to approach the local police station and on such approach, the Officer in-Charge of the said police station shall render 3 adequate protection, assistance and cooperation to the Special Officer in resuming the possession of the said flat.
The initial remuneration of the Special Officer is fixed at 400 G.Ms. to be paid by the petitioner.
All the parties shall cooperate with the Special Officer in discharging the duties entrusted upon him in this order.
The alleged contemnor nos. 6 and 7 are permitted to file affidavit-in-opposition to the contempt application within one week from date; reply thereto, if any, shall be filed within a week thereafter and the matter is returnable after two weeks in the supplementary list under the heading "Application".
Put up the matter as directed above.
ab (Harish Tandon, J.)