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13.07.2015 CO 2230 of 2015 Item No. SL-04 Gouranga Chandra Aich snandy Vs. (DISPOSED OF) Nitya Nanda Aich Mr. Saptangshu Basu, Senior Advocate Mr. Shiva Prasad Ghosh, Advocate ......for the Petitioner Mr. Aniruddha Chatterjee, Advocate ......for the Opposite Party This revisional application is directed against an order no. 24 dated June 20, 2015 passed by the learned Civil Judge (Junior Division), Fourth Court, Sealdah in Ejectment Execution Case No. 8 of 2013 by which an application for stay of the further proceeding is rejected.

Considering the relationship between the parties to the litigation and the averments made in an application under Order 9 Rule 13 of the Code, this Court finds that it was a fit case where the Executing Court ought to have stayed the executing proceeding by imposing certain conditions.

The order impugned thus set aside.

There shall be a stay of all further proceeding of Ejectment Execution Case No. 8 of 2013 pending before the Fourth Court of learned Civil Judge (Junior Division), Sealdah till the disposal of Miscellaneous Case No. 10 of 2015 subject to deposit of a sum of Rs.3,00,000/- (Rupees Three Lakhs) in the Executing Court within two weeks from date. In default, this order shall automatically stand recalled and the decree-holder/opposite party shall be free to proceed with the executing case. The said deposit shall abided by the result of an application under Order 9 Rule 13 of the Code.

There shall be a unconditional stay of all further proceeding of Ejectment Execution Case No. 8 of 2013 pending before the Fourth Court of learned Civil Judge (Junior Division), Sealdah for a period of two weeks from date.

The decree-holder/opposite party is directed to file affidavit-in-opposition to an application under Order 9 Rule 13 of the Code of Civil Procedure within a week from date, if not already filed. Reply thereto, if any, shall be filed within a week thereafter.