Centra Arya Road Transport vs Saroj Thakar & Anr
2021 Latest Caselaw 1533 Cal

23.02.2021

srm

C.O. No. 411 of 2021

Centra Arya Road Transport Vs.

Saroj Thakar & Anr.

Mr. Aniruddha Chatterjee, Mr. Debabrata Roy ...for the Petitioner.

Prima facie, an arguable case has been made out by the

petitioner that the learned Court below was not justified in

passing the orders dated December 16. 2020, January 6 of 2021

and February 10, 2021 by directing the police to execute the

decree in Title Execution Case No.183 of 2010 arising out of

Title Suit No.57 of 2008.

According to Mr. Chatterjee, one application under

Section 151 of the Code of Civil Procedure was pending to

which a written objection was filed. During the pendency of

the said application a subsequent application for execution of

the decree with police help was filed. The said application was

not served upon the defendant/judgment debtor and the

learned Court below directed the Bailiff to execute the writ of

delivery of possession and to break open the padlock at the

decretal property with the assistance of police on February 26,

2021 and submit a report on March 5, 2021.

Under such circumstances, status quo with regard to the

possession of the judgment debtor for a period of three months

or until further orders whichever is earlier. Stay of all further

proceeding in Title Execution Case No.183 of 2010 also for a

period of three months or until further orders whichever is

earlier.

The learned Advocate-on-record for the petitioner is

directed to serve copies of this revisional application upon the

opposite parties/decree holders as also the learned Advocate

appearing in the Court below along with a server copy of this

order within a week from date.

Affidavit of service to be filed on the next date.

List this matter in the Daily Supplementary Cause List

on April 30, 2021 at 2.00 p.m. under the heading "Hearing".

(Shampa Sarkar, J.)