Calcutta High Court (Appellete Side)
Ac vs Ashoke Kumar Tibriwal & Ors on 14 February, 2014
Author: Harish Tandon
Bench: Harish Tandon
1 Court 14.02.2014 C.O. 387 of 2014 No. 22 Sl 20 Pratima Kundu Ac -vs-
Ashoke Kumar Tibriwal & Ors Mr. Jiban Ratan Chatterjee Mr. Pradip Kumar Kundu ... For Petitioner Mr. Krishnendu Banerjee Mr. Tapas Kumar Kundu Mr. Prithu Ghosh ... For Opposite Party No. 1 An application under Order 21 Rules 99, 100 and 101 of the Constitution of India is disposed of by the Executing Court primarily on the ground that the said application is pre-mature and can only be entertained if the person is dispossessed in execution of a decree.
The petitioner assailed the said order by filing a statutory appeal before the learned District Judge, Alipore.
By the first order, passed in the said appeal, the learned District Judge admitted the said appeal but subsequently refused to pass an interim order. The said order is assailed in this revisional application.
This Court finds that the appellate Court should not have refused the interim order when a third part has claimed independent right, title and interest in respect of the decretal premises. This Court, therefore, finds that the impugned order, by which the appellate Court refused to pass an interim order, is hereby set aside.
The appellate Court is requested to make all efforts to dispose of the said appeal, which is otherwise ready for hearing, within four weeks from the date of communication of this order, in accordance with law.
Needless to mention that the appellate Court shall not grant unnecessary adjournments to either of the parties except on unavoidable circumstances.
Pending disposal of the said appeal there 2 shall be stay of all further proceedings in the Ejectment Execution Case No. 29 of 2009, pending before the learned Civil Judge (Senior Division), 2nd Court, Alipore.
For abundant precaution it is made clear that this order shall not have any persuasive effect upon the appellate Court in deciding the appeal on merit.
Let this order be communicated to the District, , Alipore by special messenger at the cost of the opposite party. Such cost shall be put in by Monday (17.2.2014).
Office is directed to take immediate steps upon deposit of the special messenger cost.
The revisional application is disposed of. There shall, however, be no order as to costs. Let a copy of this order, downloaded from the official website of this Court, counter-signed by the Registrar (Listing), be given to the learned advocates appearing for the parties on usual undertaking.
(Harish Tandon, J.)