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10.01.2023 Item No.22 Ct. No.7 CHC C.O. 98 of 2023 Nirmal Kumar Tiwari C & CR Vs. Sri Gour Charan Mullick & anr.

Mr. Sounak Bhattacharya, Mr. Gautam Das, Mr. Sandeep Kr. Tiwari ...for the petitioner Mr. Souradipta Banerjee, Ms. Fatima Hassan ...for the opposite parties Mr. Bhattacharya, learned advocate appearing for the petitioner, while assailing orders dated 6 th December, 2022 and 19th December, 2022, passed in Misc. Case No.212 of 2017, arising out of Ejectment Execution Case No.101 of 2017, pending before learned Judge, 6th Bench, Presidency Small Causes Court, at Calcutta, submits that the court below while granting police assistance for the execution of the decree, followed by a direction upon the bailiff to hand over possession of the decretal property to the decree-holders, the pendency of the restoration application filed by the petitioner/judgement-debtor in connection with Second Appeal could not be taken care of.