Indian Kanoon - Search engine for Indian Law

C.O. 199 of 2018 Reba Mondal

-Versus-

Smt. Sandhya Paul & anr.

For the petitioner : Mr. Hiranmoy Bhattacharya.

For the opposite party: Mr. Souradipta Banerjee, Mr. Arnab Ray.

Heard on            : 14.08.2018



Judgement on        : 06.09.2018



Biswajit Basu, J.

1. The revisional application under Article 227 of the Constitution of India at the instant of the plaintiff/decree holder in a suit for Ejectment and is directed against the order no.110 dated December 08, 2017 passed by the Learned Judge, Sixth Bench, Presidency Small Causes Court at Calcutta, in Miscellaneous Case No.40 of 2016 arising out of Ejectment Execution Case No.191 of 2006.

3. The plaintiff/petitioner put the decree into execution which gives rise to Ejectment Execution Case No. 191 of 2006. The plaintiff/petitioner in the said execution case filed an application under Order 21 Rule 97 read with Section 151 of the Code and under Rule 208 of the Civil Rules and Orders for Police help to execute the decree. The said application was registered before the executing court as Miscellaneous Case No. 40 of 2016.

4. The Learned Trial Judge dismissed the said Miscellaneous Case by the order impugned holding inter-alia that the petitioner has failed to prove that the seal Bailiff was resisted specially when the petitioner herself admitted that she does not have any allegation against the objector.