Sri Krishna Prasad Mukherjee And ... vs Rabindra Nath Chatterjee And ...
2021 Latest Caselaw 3434 Cal

Daily List 73.

Bpg.

June 25,

C.O. No.1204 of 2021

Sri Krishna Prasad Mukherjee and others Versus Rabindra Nath Chatterjee and others

(Via Video Conference)

Mr. Tanmoy Mukherjee.

...for the petitioners.

The petitioners have made out a strong

prima facie case as regards the repeated dilatory

tactics adopted by the judgment-debtors/opposite

parties in frustrating the eviction decree obtained long

back by the petitioners. Lastly, the opposite parties

allegedly failed to comply with the specific order of a

Division Bench of this Court passed in Second

Appeal, which directed occupation charges to be paid

by the judgment-debtors/opposite parties. The said

order carried a default clause to the effect that the

appeal would stand dismissed in the event of non-

compliance of the condition of payment of occupation

charges.

It is contended, prima facie rightly, by

learned counsel for the petitioners that the

adjudication of such an application does not require

the arrival of the lower court records since the records

of the appeal would itself, which are already before

the appellate court, would be sufficient to adjudicate

the application for dismissal of appeal on the ground

of non-compliance of the Division Bench order.

There being considerable substance in such

submission, the petitioners shall serve copies of C.O.

1204 of 2021 on the opposite parties and/or the

learned advocate appearing for the opposite parties in

the lower appellate court, indicating that the matter

shall next be enlisted on July 1, 2021 fairly at the top

of the list.

The petitioners shall file an affidavit-of-

service on the next returnable date.

(Sabyasachi Bhattacharyya, J.)