Calcutta High Court (Appellete Side)
Goutam Ghosh vs Smt. Chanda Bose & Ors on 25 January, 2018
1 08. 25.01.2018
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 180 of 2018 Goutam Ghosh
-Vs.-
Smt. Chanda Bose & Ors.
Mr. Shyamal Chakraborty, Mr. Anyapurba Banerjee ...for the petitioner The grievance of the present petitioner is regarding the delay in disposal of Ejectment Execution Case No. 100 of 2009. An eviction suit was filed by the petitioner in 1987, which was decreed. Such decree was affirmed by two appellate forums. Subsequently, the judgment- debtor took out an application under Order XXI Rule 101 of the Code of Civil Procedure, which was also dismissed. Thereafter, to stall the proceedings further, the judgment-debtor filed an application under Section 47 of the Code of Civil Procedure, giving rise to Miscellaneous Case No. 201 of 2017. In view of the pendency of such miscellaneous case, the execution case is being unnecessarily protracted.
In the above circumstances, the petitioner prays for a direction for early hearing of the ejectment execution case.
In view of nature of the order proposed to be passed, no prior service on the opposite parties is necessary. 2 The court below is requested to take up Miscellaneous Case No. 201 of 2017 and to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either side, positively within March 31, 2018. Thereafter, the court below, that is, the Third Bench, Presidency Small Causes Court at Calcutta, is requested to take up the Ejectment Execution Case No. 100 of 2009, in the event of dismissal of the application under Section 47 of the Code of Civil Procedure, and to dispose of such execution case within a month thereafter.
It is made clear that for the purpose of implementing this order, the Chief Judge, Presidency Small Causes Court at Calcutta is permitted to assign the matter, if necessary, to a different bench than the third bench.
There will be no order as to costs.
(Sabyasachi Bhattacharyya, J.)