Calcutta High Court (Appellete Side)
8.04.19 vs Smt. Sukla Dutta & Anr on 18 April, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
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19
sandip C.O. No. 2872 of 2018
Ct. 21 Samir Kumar Bhattacharjee & Ors.
18.04.19Versus Smt. Sukla Dutta & Anr.
Mr. Ayan Banerjee, Mr. Soumo Chaudhury ... for the petitioners.
None appears on behalf of the opposite parties in spite of service.
A suit for eviction of the opposite parties from the suit property being Ejectment Suit No. 05 of 2010 was decreed in the year 2016. The said decree was put into execution giving rise to Ejectment Execution Case No. 14 of 2016 pending before the Third Court of the learned Civil Judge (Junior Division) at Sealdah.
The learned counsel for petitioners submits that the opposite parties were stalling the progress of the said execution case on the ground that the decree under execution is under challenge before this Court in Second Appeal but the said Second Appeal since has also been dismissed on February 19, 2019 the execution case is required to be disposed of expeditiously.
2The suit has been decreed, inter alia, on the grounds that the plaintiffs reasonably require the premises for their own occupation and holder of such a decree is entitled to enjoy the fruit of it without any further delay.
C.O. No. 2872 of 2018 is disposed of by directing the Third Court of the learned Civil Judge, (Junior Division), Sealdah to dispose of the Ejectment Execution Case No. 14 of 2016 within a period of three months from the date of communication of this order.
It is made clear the time limit fixed by this Court for disposal of the said execution case is mandatory and peremptory.
The learned Judge to adhere to the said time limit shall not entertain any prayer for adjournment of the judgment-debtors, unless it is absolutely unavoidable.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.) 3 4