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In that case, an application under Order 21 Rule 99 of the Civil Procedure Code was filed and that application was treated as Misc. Case No. 203 of 2008. Thereafter, upon hearing of both the sides that application was dismissed and the Misc. Appeal was filed by the aggrieved persons before the City Civil Court at Calcutta being Misc. Appeal no.36 of 2009. In that appeared, the record of the Ejectment Execution Case no.81 of 2008 has been called for and that is why the execution case could not be proceeded with. Under the circumstances, the prayer for expeditious disposal has been sought for.

Upon hearing the learned advocate for the petitioner and/or consideration of the materials placed in support of the application, I find that the Misc. Appeal no. 36 of 2009 is pending before the City Civil Court and this has arisen out of the Misc. Case No. 203 of 2008. In order to dispose of the said Misc. Appeal, the record of the execution application is not required at all. The Misc. appeal can well be disposed of on the basis of the materials placed in the Misc. case.

This being the position, I am of the view that the application for expeditious disposal should be allowed. Accordingly, this application is allowed. The learned Executing court is directed to dispose of the Ejectment Execution Case no. 81 of 2008 as early as possible. He shall call for the case records of the Ejectment Execution case no.81 of 2008 from the appellate court that is City Civil Court as referred to above. For that purpose, if the certified copy of the execution application is required, the petitioner shall furnish the same before the appellate court.