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Showing contexts for: ejectment execution in Sm. Maya Sadhukhan And Others vs State Of West Bengal And Others on 6 November, 2017Matching Fragments
... for the State.
This revisional application is directed against an order dated 17th June 2017 passed by the learned Civil Judge (Junior Division), 3rd Court, Sealdah in Miscellaneous Case No. 21 of 2017, by which Ejectment Execution Case No. 6 of 2007 was stayed till 14th July 2017.
It is uniformly submitted on behalf of the respective counsels that the said interim order has been extended from time to time and is still operative.
The facts, which emerged from the record, are that a suit for eviction was filed by the plaintiffs/petitioners against the defendants/opposite parties. The said suit was decreed ex parte and was put into execution, which gave rise to Ejectment Execution Case No. 6 of 2007. The defendants/opposite parties filed an application for setting aside the ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, which was registered as Miscellaneous Case No. 21 of 2017. The said proceeding was dismissed for default and a further application under Order IX Rule 9 of the Code has been filed for restoration of the said miscellaneous case. In the said proceeding, an application for stay is taken out and it appears from the impugned order that the trial court stayed the execution proceeding solely on the ground that the defendants/opposite parties are the bone fide public office and running Food and Supplies Department and thousands of inhabitants of the locality would be affected if the execution is not stayed.