Calcutta High Court
Kamakhya Singh Deo vs Modula India on 21 August, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-29
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
G.A. No. 1458 of 2016
With
C.S. No. 568 of 1979
KAMAKHYA SINGH DEO
Versus
MODULA INDIA
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 21st August, 2019
Appearance:
Mr. Raja Basu Chowdhury, Adv.
Mr. M. M. Chandra, Adv.
...for the petitioner
The Court: In this application the decree holder in
the eviction suit has prayed for appointment of a
Commissioner to ascertain the mesne profits payable by the
defendant/judgment debtor who has already vacated the suit
property. Since the defendant/judgment debtor has already
vacated the suit property, the police authority has
returned the envelope containing a copy of the application
to the petitioner with the endorsement "insufficient
address" and "no such addressee in this address hence not
known". Although the defendant/judgment debtor
unsuccessfully challenged the eviction decree passed by the
learned Trial Judge, before the Division Bench of this
2
Court but after vacating the suit property he has not
informed the applicant/decree holder of his new address.
Under the circumstances, the petitioner is directed to
serve a notice of this application in the English newspaper
"Asian Age". The application will appear under the same
heading on September 4, 2019. If the respondent remains
unrepresented on the next date of hearing, this application shall be decided in his absence.
(ASHIS KUMAR CHAKRABORTY, J.) TO