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Suman 28.07.16 C.O. 1949 of 2016 Kamalesh Adak and another Vs. Somnath Chakraborty and others Mr. Dhiraj Trivedi Mr. Pankaj Ladia ...for the petitioner This civil revisional application has been filed against order No.30 dated 08.04.2016 passed by learned Judge IV Bench, Presidency Small Causes Court at Calcutta in Ejectment Execution Case No.1081 of 2014 arising out Ejectment Suit No.8 of 2013 and in connection with the order No.28 dated 19.04.2016 passed by this learned Judge in Miscellaneous Case No.271 of 2015 arising out of Ejectment Suit No.7 of 2013.

The petitioner put an execution to the decree of eviction against the opposite party defendant dated 01.04.2014 passed in Ejectment Suit No.8 of 2013. When the decree was in the process of execution there was resistance by the defendant and his men and agent. Police help was sought for as there was resistance in the matter of execution of the decree. Ex parte order was passed in favour of the petitioner on 28.07.2015 and the police report was submitted in this regard on 30.07.2015. without the help of the police it was not possible for execution of the decree. So, the petitioner as decree holder filed an application under Section 151 of the Code of Civil Procedure for arrangement of police force and accordingly the said application was allowed on 26.08.2015. Thereafter the judgement debtor entered appearance on 04.09.2015 and filed a Miscellaneous case under Order 9 Rule 13 of the Code of Civil Procedure with an application under Section 5 of the Limitation Act with a prayer for condonation of delay in institution of the case for setting aside the decree ex parte and the opposite party prayed for stay of the execution which was rejected on 24.02.2016. Then the judgment debtor /opposite party preferred a revisional application before a Single Bench of this Hon'ble Court in C. O. No.1124 of 2016 which was disposed of with direction to the learned Court below to dispose of the application under Section 5 of the Limitation Act within a month from the date of the order passed on 01.04.2016 and since a threat of dispossession by way of police help was there, the Hon'ble Court was pleased to give liberty to the judgement debtor to file a stay application afresh before the Executing Court and to dispose of the same within a month from the date but in any case the application under Section 5 of the Limitation Act has to be disposed of within a month from the date.