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Mr. Subhankar Chakraborty, Adv.

Mr. Saptarshi Datta, Adv.

Ms. Divya Baid, Adv.

Judgment                       : 14.06.2019



Subhasis Dasgupta, J:-

The impugned order dated 18th July, 2018 passed by the learned Civil Judge (Junior Division), 4th Court, Alipore in Misc. Case No. 127 o f2017 rejecting prayer for stay of further proceedings in connection with Ejectment Execution Case No. 10 of 2012 is the subject matter of challenge in this revisional application under Article 227 of the Constitution of India.

The only point requiring address by this court is whether the court below was justified in refusing the prayer for stay or not.

Admittedly an eviction decree was passed in connection with Ejectment Suit No.14859 of 2011. An execution case was taken out, which was registered as Ejectment Execution Case No. 10 of 2012 to give effect to the decree of eviction. The original defendants Smt. Moriocla Theresa Joseph & Nigel Angelo Joseph were the actual tenants in the suit property, and they suffered decree of eviction. The original tenants were conspicuously made parties in the Ejectment Suit.

The revisional application succeeds.

The ejectment Execution Case No. 10 of 2012 now pending before the learned Civil Judge (Junior Division), 4th Court, Alipore be stayed till the decision of Misc. Case No.17 of 2017 subject to furnishing security of Rs. 1,00,000/-(one lakh) by petitioner within the period as already mentioned hereinabove.

The court makes it clear that if security amount is furnished by the petitioner, the ejectment Execution Case No. 10 of 2012 now pending before the learned Civil Judge (Junior Division), 4th Court, Alipore shall be stayed till the decision of Misc. Case No.17 of 2017 instituted by the petitioner.