Calcutta, in
Miscellaneous Case No.40 of 2016 arising out of Ejectment Execution Case
No.191 of 2006.
2. The petitioner being the plaintiff filed ... 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
instance of the decree-holders in a suit for ejectment under
Section 6 of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred ... directed against Order No. 19 dated
February 09, 2018 in Ejectment Execution Case No. 6 of 2017.
The petitioners filed a suit for ejectment
such miscellaneous case, the petitioner prayed for an order of
stay of execution of the eviction decree, which was granted on
condition of payment ... dispose of
Miscellaneous Case No. 80 of 2016, arising out of Ejectment
Execution Case No. 82 of 2013 as expeditiously as possible
3
without granting
decree would be vitiated and
such point could be raised even in execution. He relies
on the decision reported at AIR 1954 SC 340 ( Kiran ... will be an order of stay of all further
proceedings in Ejectment Execution Case no.3 of 2016
pending in the Additional Court of Civil
judgment debtor
Smt. Bani Dutta alleging illegal dispossession by execution of ejectment
decree passed in Ejectment Suit No. 2683 of 2000 (Smt. Kanak Prava
Sarkar ... application under Order 21
Rule 29 of the CPC in ejectment case being Execution No. 346 of 2001
registered as Misc. Case
cause
and pass a decree of ejectment therein. It
was further held that objection to the
execution of the decree being a nullity
having been ... appellant in execution. It
is already held that it is the Controller
under the Act that has exclusive jurisdiction
to order ejectment of a tenant
their men, servants, and agents, from ejecting in any way (including even by way of execution of decree of the suit
petitioner against execution of decree
was dismissed.
2. Learned counsel for the petitioner would submit that a decree for ejectment
was granted in a civil ... would further submit that when the resistance was made in the execution
of decree and subsequently an application preferred under Order 21 Rule
mater, I make it clear that the
stay of execution of the decrees in Ejectment Suit No.909 of
2000 and Ejectment Suit ... this court will not be a reason or ground
for adjourning the execution proceedings pending before
the court below.
List the matter again when this
respondent
herein filed the suit O.S. No.112 of 2011 for ejectment of the
petitioner herein from the schedule property. The said suit ... notice in delivery proceedings in Execution Petition filed
2 MSM,J
CRP No.5468 of 2017
for execution of the decree in the said suit
