Calcutta High Court (Appellete Side)
Anil Kumar Ray vs Smt. Kshama Rani Dutta & Ors on 6 December, 2016
Author: Mir Dara Sheko
Bench: Mir Dara Sheko
1 06.12.2016
C.O. 2295 of 2007 ss Anil Kumar Ray Vs. Smt. Kshama Rani Dutta & ors.
In the application under Article 227 of the Constitution of India being C.O. 2295 of 2007 none appears on behalf of the petitioner.
However, since the matter is of the year 2007 it is taken up for disposal on merit.
This revisional application has been filed assailing the order no. 14 dated 18.6.2007 passed by the learned Judge, Fourth Bench, Small Causes Court at Calcutta in Ejectment Execution Case No.21 of 2006 was denied.
Perused the materials on record and the impugned order. It appears that the Ejectment Suit no.154 of 2002 between the parties was decreed which after being tested in appeal was upheld and though there was attempt on and again before the learned Executing Court for bringing stay order from the higher forum and plea of preferring appeal or revision but since save and except evading of some time no stay order could be produced. Learned Executing Court refused the prayer of the petitioner to grant any stay in the execution proceeding and directed accordingly the decree-holder to proceed with the execution in accordance with law.
I do not find any substance in the ground of the memo of revision by which the impugned order was assailed under Article 227 of the Constitution of India. There was no violation of natural justice or lapse in the decision making process.
Therefore, the civil revision being C.O.2295 of 2007 stands 2 dismissed on merit upholding the order no.14 dated 18.6.2007 passed by the learned Judge, Fourth Bench, Small Causes Court at Calcutta in Ejectment Execution Case no.21 of 2006.
Stay order, if any, passed by this Court in respect of further proceeding of the suit stands vacated.
The department is directed to send a copy of this order to the learned Trial Judge i.e. learned Judge, Forth Bench, Small Causes Court at Calcutta, with reference to Ejectment Execution Case no.21 of 2006 for information and to proceed with the suit from the stage where it was stopped.
Urgent photostat certified copy of this order, if applied for, be given to the appearing party on usual undertaking.
(Mir Dara Sheko, J.)