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Showing contexts for: ejectment execution in Ajit Kumar Kantilal Shah And Anr vs Sanjay Ojha on 3 April, 2019Matching Fragments
The Court : Let affidavit of service filed in Court today be kept with the record.
This is an application under Clause 13 of the Letters Patent, 1865 praying for transfer of Ejectment Execution Case No.48 of 2010 and all miscellaneous applications being Misc. Cases Nos.350 of 2015, 138 of 2016, 12 of 2017, 217 of 2017 and 200 of 2018 pending before the learned 3rd Bench, Small Causes Court at Calcutta to this Court.
The petitioners filed an eviction suit against the respondent being Ejectment Suit No.1355 of 1976. On 27th February, 2001 an eviction decree was passed in favour of the petitioners. The respondent's first appeal was dismissed on 28th August, 2002. The second appeal carried before this Court was dismissed on 26th September, 2013.
In the meantime, the petitioners had sought enforcement of the eviction decree by filing an execution proceeding before the Small Causes Court at Calcutta which was numbered as Ejectment Execution Case No.48 of 2010.
Being aggrieved by the delay in the execution case being decided, the petitioners approached this Court by filing a revisional application being C.O. No.3912 of 2014. The said application was disposed of by an order dated 11th December, 2014, the operative portion whereof reads as follows:
"Since the petitioners say that there is no impediment to the execution proceedings being continued and concluded, CO 3912 of 2014 is disposed of by requesting the V Bench, Small Causes Court at Calcutta to ensure that Ejectment Execution Case 48 of 2010 arising out of Ejectment Suit 2073 of 2000 is brought to its logical conclusion without granting any adjournments to the judgment-debtor as expeditiously as possible and, preferably, within three months of the date of receipt of a copy of this order.