Madhabi Mukherjee & Ors vs Puspa Dubey & Ors
2021 Latest Caselaw 2793 Cal

   47
   SK
Ct. No. 18
16.04.2021

(Via Video Conference) C.O. No. 471 of 2021

Madhabi Mukherjee & Ors.

Vs.

Puspa Dubey & Ors.

Mr. Dipayan Kundu ... For the petitioners.

Mr. Om Narayan Rai, Mr. Badal Singh ... For the opposite parties.

Affidavit of service filed on behalf of the petitioners

today be kept with the record.

The petitioners were the plaintiffs of the Ejectment

Suit No. 510 of 1984 which was dismissed by the

learned Trial Judge.

However, in appeal the judgment of the Trial Judge

was reversed and the suit was decreed. The appellate

decree is under challenge in a Second appeal at the

instance of the opposite parties.

The further proceeding of the execution case levied

to execute the appellate decree has been stayed by an

order passed in the said Second appeal subject to

compliance of some conditions, mentioned in the said

order.

The petitioners in the said execution case filed an

application praying for reopening of the further

proceeding of the said execution case alleging that the

opposite parties have defaulted in complying the said

conditions for stay.

The executing Court by the order impugned being

Order No. 65 dated November 17, 2020 has dismissed

the said application holding that the default

complained of can be condoned considering the

prevailing Covid-19 pandemic.

The petitioners complain that there were pre-Covid-

19 Pandemic defaults.

It appears that at paragraph 4 of the said

application the petitioners have alleged series of

defaults in deposit of the occupational charges

commencing from November 2011.

The executing Court since has not considered all

the defaults alleged, the application needs to be

reconsidered.

The order impugned is therefore set aside with a

direction upon the learned Judge, 3rd Bench,

Presidency Small Causes Court at Calcutta, where the

connected execution case being Ejectment Execution

Case No. 83 of 2009 is pending, to decide the said

application afresh in accordance with law.

C.O. 471 of 2021 is thus disposed of without any

order as to costs.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)