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Showing contexts for: ejectment execution in Smt. Ila Mukherjee vs Education Corner Girls' High School on 16 August, 2011Matching Fragments
In the present revisional application under Article 227 of the Constitution the judgement and order dated 29.03.2010 passed by the learned Judge, 2nd Bench, City Civil Court at Calcutta in Misc. Appeal No. 79 of 2006 affirming order no. 98 dated 21.09.2006 passed by the learned Judge, 2nd Bench, Small Causes Court at Calcutta in Misc. Case No. 217 of 2005 has been assailed.
2. The petitioner/ plaintiff/ decree-holder has contended that she is the sole and absolute owner of premises no. 15, Radha Nath Mullick Lane and obtained an ex parte order of eviction of the tenant in Ejectment Suit No. 39 of 1981 and filed Ejectment Execution Case No. 85 of 1993. The judgement-debtor Rabi Mukherjee resisted the bailiff for which the writ of possession issued by the Court could not be executed. The said Rabi Mukherjee in his individual capacity then preferred an appeal before this Hon'ble Court against the judgement and decree passed in Ejectment Suit No. 39 of 1981. The said appeal was, however, abated and dismissed by order dated 18.11.2004 passed by the Hon'ble Division Bench of this Hon'ble Court. As there was no substitution of said Rabi Mukherjee after his death followed by the death of his wife Smt. Bani Mukherjee. On account of jurisdictional change the said Ejectment Execution Case No. 85 of 1993 was renumbered as Ejectment Execution Case No. 39 of 2002. Thereafter, she filed an application under Order 22 Rule 4A of the CPC praying for impleading Administrator General of West Bengal in place and stead of deceased Smt. Bani Mukherjee successor-in-interest of Rabi Mukherjee which was allowed on 22.03.2005. Then she filed an application before the learned Executing Court praying for execution of the said ex parte decree by delivery of possession with police help. At this stage the third party (opposite party), Education Corner Girls' High School represented by its present Secretary filed an application under Order 21 Rules 98, 100 and 101 CPC claiming retention of their possession of premises no. 14B, 15 and 16, Radha Nath Mullick Lane by way of independent right. Though the petitioner/ plaintiff opposed the move the learned Executing Court after hearing both parties allowed such application which was registered as Misc. Case No. 217 of 2005.