present application for
stay of all further proceedings in the ejectment execution
case concerned was moved and the said Hon'ble Division
Bench ... Court was pleased to grant
stay of further proceedings in the ejectment execution
case No.9 of 2009 pending before the learned Civil Judge
(Junior
relating to
ejectment and in Clause I relating to ejectment. Clause A
clearly contemplates ejectment of the Bhowals in execution
of the compromise decree ... liable to ejectment
by appropriate action in a court of law. This is in
contradistinction to the ejectment in execution of the
compromise decree contemplated
Executing Court whereby the objections filed by the petitioner to the execution of ejectment order passed by the learned Rent Controller and affirmed ... landlord-respondent has tampered with the execution file and, thus, not entitled to seek execution of the ejectment order.
3. The notification dated
passed by the
learned Civil Judge, Senior Division, Sealdah in Ejectment Execution Case No. 9 of 2015, arising
out of Ejectment Suit ... passed by the
learned Civil Judge, (Senior Division), Sealdah in Ejectment Execution Case No. 9 of 2015 is set
aside.
Even in the present revisional
Court, Sealdah in Ejectment appeal no. 2 0f 2021 on
2
13.08.2021 , while granting stay of the operation of Ejectment
Execution Case ... landlord put the decree into execution by filling
Ejectment Execution Case No.4 of 2021.
On the other hand the tenant preferred an appeal being
application filed by the appellant
tenant praying for stay of Ejectment Execution Case
No. 19 of 2013 filed by the respondent plaintiffs in
the Court ... decree
dated 7th of June, 2010 passed by learned Trial Court
in Ejectment Suit No.382 of 2003.
In connection with said application of stay
posssesion by execution of the decree were filed. They are Ejectment Execution Cases
principles of res-judicata on
account of non execution of the ejectment order passed in 1957. The
aforesaid decision was given only by deciding issue ... aforesaid, it is held :
i) That on account of non execution of the ejectment order
passed in 1957 which was in executable as there
Execution Case No. 15 of 1967 pleading the said facts. They claim that they are not liable to be dispossessed in execution of the ejectment ... Execution Case No. 15 of 1967) seeking protection against dispossession in execution of the said ejectment decree on the ground that he was a lawful
appellant unconditionally
staying all proceedings in the Ejectment Execution Case No. 20 of 2012 before the
Civil Judge, Junior Division, 2nd Court, at Alipore till ... month, there shall be stay
of all further proceedings in the Ejectment Execution Case No. 20 of 2012 pending
before the learned Civil Judge, Junior
