Uday Kumar Banerjee And Another vs Ajoy Majumder And Others
2021 Latest Caselaw 3975 Cal

27th July, 2021 (AD 24) (SKB)

C.O. 1287 of 2021 (Via Video Conference)

Uday Kumar Banerjee and another Versus Ajoy Majumder and others

Mr. Probal Kumar Mukherjee, Mr. Debabrata Acharyya ... for the petitioners.

Upon query of the Court, learned Counsel for the

petitioners submits that no application under Order 21

Rules 97-101 of the Code of Civil Procedure is pending at

the behest of the judgment-debtor/opposite parties before

the Executing Court. As such, in view of the innocuous

nature of the order proposed to be passed, no prior

service of notice on the opposite parties is deemed

necessary.

C.O.1287 of 2021 is disposed of by requesting the

Civil Judge (Junior Division), Fifth Court at Alipore,

District- South 24-Parganas to dispose of Ejectment

Execution Case No. 29 of 2019 (F-2479/19), arising out of

Ejectment Suit No. 23 of 2006, pending before the said

court, as expeditiously as possible, positively within two

months from the date of communication of this order to

the Executing Court.

The petitioners shall communicate this order to the

executing court as well as on the opposite parties and/or

their advocate in the court below at the earliest, along

with a server copy of this order.

The parties as well as the court below and/or their

advocates appearing in the Executing Court shall act on

the communication of the learned advocate for the

petitioners, accompanied by a server copy of this order,

without insisting on prior production of the certified copy.

There will be no order as to costs.

Urgent photostat certified copy of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)