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The petitioner submits that since the execution proceedings were instituted before the expiry of two years from the date of the decree, no previous notice was required to be served on the judgment-debtor. The petitioner claims that the writ of possession has to be issued and if the possession is resisted, the law would take its own course.

Since it appears that the execution proceedings have been considerably delayed because of the fault of the Court and not of the decree-holder, C.O.3951 of 2014 is disposed of by requesting the V Bench, Small Causes Court at Calcutta to bring Ejectment Execution Case No.65 of 2009 to a logical end as expeditiously as possible and, preferably, within three months from date.