Calcutta High Court
Sri Sri Iswar Gajalakshmi Mata ... vs Marshall Sons And Company (India) ... on 1 May, 2025
OD-5
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/309/2019
IA NO: GA/1/2021, GA/2/2021, GA/10/2022,
GA/11/2022, GA/15/2024
SRI SRI ISWAR GAJALAKSHMI MATA THAKURANI AND ORS.
VS
MARSHALL SONS AND COMPANY (INDIA) LIMITED AND ORS.
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 1st May, 2025
Appearance:
Mr. Abhrajit Mitra, Sr. Adv.
Ms. Radhika Singh, Adv.
Mr. Sourojit Dasgupta, Adv.
Mr. Samriddha Sen, Adv
...for the decree-holders
Mr. Sarosij Dasgupta, Adv.
Mr. Biswaroopo Mukherjee, Adv.
Mrs. Smita Mukherjee, Adv.
Ms. Saheli Bose, Adv.
...for the judgment-debtors
Mrs. Iram Hassan, Adv.
Mr. Sanket Sarawgi, Adv.
Mr. Himanshu Bhawsingnka, Adv.
...for the respondent no.1
Mr. Sushil Kr. Mishra, Adv.
Mr. Shailendra Kr. Mishra, Adv.
Mrs. Sabnam Laskar, Adv.
...for the respondent no.2 Mr. Satyaki Mukherjee, Adv.
Mr. Lalit Baid, Adv.
Ms. Sanjana Shaw, Adv.
...for the Add. Party in GA/10/2022 & GA/11/2022
1. Mr. Mitra, learned Advocate for the decree-holders/petitioners is present.
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2. An application being GA/1/2021 is filed praying for a direction upon Sheriff of Calcutta to visit the said suit premises and hand over khas vacant and peaceful possession to the decree-holders.
3. Mr. Mitra submits that his client is pressing for handing over possession of those areas where no application under Order XXI Rule 97 of the Code of Civil Procedure is pending and where the order has reached its finality. Although, learned Advocate for the judgment- debtors is present, but he submits that the decree has reached its finality till the Apex Court.
4. Upon hearing the learned Advocate for the petitioner and considering the facts of the case this Court is of the view that necessary direction upon the Sheriff should be passed. Hence, the sheriff is directed to visit the premises no.33/1, Netaji Subhas Road, Kolkata-700001 and hand over vacant and peaceful possession of the said premises to the decree- holders and/or their authorized representatives. Thus, let there be an order in terms of prayer (a) of the Master's Summons dated 28th May, 2021. The sheriff shall hand over the vacant possession within a period of two weeks and submit report by 15th May, 2025.
5. Learned Advocate who is appearing for the applicant in GA/10/2022 and GA/11/2022 submits that as because an appeal is pending, he shall pursue his appeal within the said period of three weeks and submit necessary orders from Appeal and prays for stay of this order for the said period.
6. It is hereby made clear that the Sheriff may visit the suit property after 7th May, 2025 to enable the aggrieved parties to move before the Appeal Court.
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7. Sheriff report shall be circulated to the parties.
8. Copy of this application may be served upon the opposite parties.
9. As applicant of GA/15/2024 is not a party in GA/1/2021, at this stage copy is not required to be served.
(BISWAROOP CHOWDHURY, J.) S. A. AR(C R)