Noor Md. Ansari @ Doma vs Mst. Ahamedi Begum & Anr
2021 Latest Caselaw 1321 Cal

10.02.2021 (S/L-02) Ct.-18 (Susanta) (Via Video Conference)

C.O. 283 of 2021

Noor Md. Ansari @ Doma

-Vs-

Mst. Ahamedi Begum & Anr.

Ms. Debjani Ray, Mr. Bishajib Ghosh, Mr. Sumitava Chakraborty, ...... For the petitioner.

The petitioner has suffered an eviction

decree and has preferred an appeal against the

said decree.

The appeal is now pending before the 15th

Court of Additional District Judge at Alipore,

District 24-Parganas (South)

Ms. Ray, learned Counsel appearing on

behalf of the petitioner, submits that the said

Court is lying vacant and the application for stay

of operation of the judgment and decree under

appeal has been kept pending by the Appeal

Court below for consideration along with the

appeal.

Under such circumstances, the petitioner

applied before the Executing Court for stay of the

connected Execution Case but the application for

stay has been rejected by the order impugned

which is completely an unreasoned order.

The appeal against eviction decree and the

application for stay thereto are pending before

the Appeal Court.

The Appeal Court is lying vacant, at this

stage, the petitioner has rightly moved the

Executing Court for an order of stay of further

proceeding of the Execution Case levied to

execute the decree under appeal.

The Executing Court prima facie is not

justified in rejecting such an application with a

completely unreasoned order.

The petitioner is directed to serve copy of the

revisional application upon the opposite party by

speed post with acknowledgement due intimating

that the matter will come up in the list for further

consideration on February 24, 2021 under the

heading "Motion".

The petitioner is required to serve a notice

upon the learned advocate representing the

opposite parties in the connected Execution Case

communicating this order.

There shall be stay of all further proceedings

of the ejectment Execution No. 34 of 2019

pending before the 2nd Additional Court of

Learned Civil Judge (Junior Division) at Alipore,

District 24-Parganas (South) till the end of the

month of March 2021 or until further order

whichever is earlier.

The petitioner to file affidavit of service on

the next date of hearing.

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.)