Calcutta High Court (Appellete Side)
Kamal Ahmed & Ors vs Probodh Ranjan Das & Ors on 21 February, 2025
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
D/L- 20 21/02/2025
Ct. No.-6 Aritra C.O. 180 of 2025 Kamal Ahmed & Ors.
Versus Probodh Ranjan Das & Ors.
Mr. Dhiraj Trivedi, Sr. Adv.
Mr. Bikash Kr. Singh Ms. Swappna Jha ...for the petitioners Affidavit of service filed in Court today is taken on record.
In spite of service none appears for the caveators.
Mr. Trivedi learned Senior advocate appearing for the petitioner submits that an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure in Misc. Case No.71 of 2022 arising out of Ejectment Execution Case No.102 of 1986 was filed on September 28, 2022. He further submits that the petitioner also filed another application under Order 40 Rule 1 of the Code of Civil Procedure in the said Misc. Case on the very same day i.e., on September 28, 2022. He further submits that the order dated September 28, 2022 as well as the subsequent orders passed in the said Misc. Case do not record the filing of the said applications by the petitioner. No dates, according to Mr. Trivedi, for hearing of such applications have also been fixed by the learned Executing Court.
2The learned Registrar Judicial, High Court at Calcutta is requested to call for a report from the learned Civil Judge (Jr. Div.), 1st Court, Sealdah on the following issues:-
(1) Whether the applications under Order 39 Rule 1 and 2 and Order 40 Rule 1 and 2 of the Code have been filed by the petitioner in the said Misc. Case on September 28, 2022 or on any subsequent date.
(2) If the answer to the said issue is in the affirmative, the reasons as to why the date of hearing of such applications was not fixed.
Let a copy of this order be communicated to the learned Civil Judge (Jr. Divn.), 1st Court, Sealdah through the learned Registrar Judicial, High Court at Calcutta forthwith. The learned Registrar Judicial is requested to take steps pursuant to this order immediately.
List this matter on February 25, 2025 under the heading 'To be Mentioned'.
(Hiranmay Bhattacharyya, J.)