Indian Kanoon - Search engine for Indian Law

AJ.

C.O. 1902 of 2017 Sri Bijoy Kumar Lala

-Vs-

Amit Srivastav & Anr.

Mr. Gopal Chandra Ghosh.

... for the petitioner.

Affidavits-of-service filed in Court today are taken on record. None appears on behalf of the opposite parties in spite of service. The certified copy of the order passed in the Ejectment Execution Case No. 498 of 2019 is also taken on record.

This revisional application under Article 227 of the Constitution of India is at the instance of the decree holder and is directed against order dated November 05, 2016 passed by the learned Civil Judge (Junior Division), 4th Court at Alipore, district 24-Parganas (South) in Ejectment Execution Case No. 05 of 2015.

The petitioner filed a suit for ejectment of the opposite parties from the suit property. The said suit was decreed on contest on March 25, 2016. The decree was put into execution, which gives rise to Ejectment Execution Case No. 05 of 2015. The Bailiff on March 14, 2016 delivered the possession of the suit property to the petitioner in execution of the said decree. Immediately thereafter on the same day in the afternoon, the opposite parties dispossessed the petitioner from the suit property. The petitioner immediately filed an application under Order 21 Rule 35 read with Section 151 of the Code of Civil Procedure in the said execution case praying that a fresh writ of possession be issued in view of the aforesaid circumstances. The learned Executing Court by the order impugned has rejected the said application of the petitioner and has recorded the satisfaction of the decree.