Smt. Purnima Banerjee vs Smt. Anima Banerjee And Ors
2022 Latest Caselaw 2119 Cal/2

OD-6

                                 ORDER SHEET
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE

                                    EC/39/2022

                           SMT. PURNIMA BANERJEE
                                     VS
                        SMT. ANIMA BANERJEE AND ORS.

  BEFORE:
  The Hon'ble JUSTICE MD. NIZAMUDDIN

Date : 3rd August, 2022.

Appearance:

Mr. Avishek Guha, Adv.

Ms. Akansha Chopra, Adv.

Mr. Amal Kr. Banerjee, Adv.

The Court: This execution application was filed by the decree-holder for

execution of the judgment and decree dated 25 th August, 2006 by which the

judgment-debtors were asked to vacate and hand over the peaceful possession of

the portion of the decretal premises in question within seven years from the date

of the said judgment and decree. But till date the premises in question has not

been vacated and the peaceful possession of the same has not been handed over

to the decree-holder. On 26th July, 2022 as a last chance judgment-debtors were

given an opportunity to file an undertaking before this Court to vacate the

decretal premises in question and it was specifically recorded in the order of this

Court dated 26th July, 2022 that in case of failure to file such undertaking, this

Court will pass the order for eviction by use of Police force.

Today at the time of hearing instead of filing such undertaking as per the

order of this Court dated 26th July, 2022 which was passed in presence of the

judgment-debtors has neither filed such undertaking nor filed any appeal against

the order of this Court dated 26th July, 2022 and has taken a totally U-turn by

taking a stand that execution of the judgment and decree in question is barred

by limitation under Section 48 of the Civil Procedure Court, 1908 and this

ground of limitation is not sustainable in view of the terms and conditions of the

decree of settlement particularly after taking into consideration paragraphs 9(g)

and (h) of the said judgment and decree.

Considering the facts and circumstances of the case, learned Receiver is

directed to evict the judgment-debtors from the decretal premises in question

and in case of resistance he will be entitled to take the help of local Police who

will render assistance to the learned Receiver and the learned Receiver will file a

Report of compliance of this order after five weeks.

Let this matter appear on 7th September, 2022.

(MD. NIZAMUDDIN, J.)

TO