Smt. Reba Mondal vs Smt. Sefali Das
2021 Latest Caselaw 1561 Cal

   17
   SK
Ct. No. 18
25.02.2021

C.O. No. 422 of 2021 (Via Video Conference)

Smt. Reba Mondal Vs.

Smt. Sefali Das

Mr. Srijib Chakraborty, Mr. Debabrata Ray ... For the petitioner.

The order proposed to be passed in the present

application under Article 227 of the Constitution of

India would not cause any prejudice to the opposite

party, as such service of notice of the present

application upon the opposite party is dispensed with.

The ejectment suit filed by the petitioner in the year

1981 matures into an ex parte decree on March 10,

2006 and the said decree attained finality upon

dismissal of the application of the opposite party for

setting it aside.

The said decree was put into execution giving rise

to Ejectment Execution Case No. 191 of 2006 before

the learned Judge 6th Bench Small Causes Court at

Calcutta. The application to execute the said decree by

police help has been registered before the executing

Court as Miscellaneous Case No. 247 of 2018.

The grievance of the petitioner is that the progress

of the said execution case and the miscellaneous case

thereto is being unnecessarily dragged by the

judgment debtor. The petitioner, therefore, prays a

direction upon the executing Court for disposal of the

said execution case and the connected misc. case

within a specified time.

A suit filed in the year 1981 took almost 25 years to

reach to a conclusion. The plaintiff after waiting such

a long time can legitimately expect to enjoy the fruits

of the decree ultimately passed in the said suit.

It is, therefore, desired that the executing Court

shall control the pace of the said execution case

keeping in mind the time consumed in disposing the

said suit.

The executing Court is requested to make all

endeavour to satisfy the decree under execution

within a period of three months from the date of

communication of this order and in doing so shall not

grant any unnecessary adjournment to either of the

parties.

C.O. 422 of 2021 is disposed of with the above

terms.

No 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.)