Smt. Barnali Dutta And Ors vs Somnath Mullick And Anr
2022 Latest Caselaw 2326 Cal/2

OD - 2

                             ORDER SHEET

                         IA GA 1 of 2021
                           EC/22/2021
                IN THE HIGH COURT AT CALCUTTA
              ORDINARY ORIGINAL CIVIL JURISDICTION
                         ORIGINAL SIDE

                    SMT. BARNALI DUTTA AND ORS.
                                 VS
                     SOMNATH MULLICK AND ANR.

BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN

Date : 31st August, 2022.

Appearance:

Mr. A.C. Kar, Adv.

Mr. Anirban Kar, Adv.

...For the decree-holder Mr. Avishek Guha, Adv.

Ms. Akansha Chopra, Adv.

...For plaintiff nos. 5 (a) & (b) Ms. Saheli Sen, Adv.

Mr. Arindam Paul, Adv.

...For plaintiff no. 3

The Court : Heard learned counsel appearing for the parties.

Learned counsel representing the judgment debtors, who are the

heirs of plaintiff nos. 5(a) & (b), submits that his client is ready and

willing to hand over peaceful and vacant possession of the decretal

premises to the satisfaction of the judgment and decree in question and

prays for time to take instruction from his client with regard to filing an

undertaking to the extent of period of time within which they will hand

over vacant and peaceful possession to the decree-holder.

Learned counsel appearing on behalf of Smt. Sarmilee Dutt/

plaintiff no. 3 submits that she has already handed over vacant and

peaceful possession of the decretal premises to the decree-holder and

learned counsel representing the decree-holder does not dispute such

submission of the judgement debtor Smt. Sarmilee Dutt and accordingly

it is recorded that the said judgment debtor has satisfied the decree to

this extent. However, if according to the decree-holder it is not to the full

satisfaction of the judgment and decree in question, he is at liberty to

seek appropriate relief by initiating any appropriate proceeding in future,

in accordance with law.

Considering the prayer of learned counsel representing the plaintiff

nos. 5(a) & (b), this matter is adjourned till 5th September, 2022.

Learned advocate-on-record for the decree-holder shall serve

appropriate notice along with copy of this order on the non-appearing

parties.

(MD. NIZAMUDDIN, J.) TR/