Sushil Chowdhury vs Smt. Sumita Banerjee @ Sushmita ...
2022 Latest Caselaw 291 Cal

     03.02.22
02   Ct. No.11
      Sws.M
                                        SAT 20 of 2019
                                             With
                                    IA. No. CAN 1 of 2019
                                  (Old No. CAN 766 of 2019)
                                           (Assigned)

                                    Sushil Chowdhury
                                            Vs
                         Smt. Sumita Banerjee @ Sushmita Banerjee

                     Mr. Anirban Mitra
                     Mr. Amit Halder
                     Md. Wasim Akram
                                          ....for the Appellant

                     Mr. Debangshu Dinda
                                 ......for the respondent

Party/Parties is/are represented in the order of

their name/names as printed above in the cause-title.

The matter is mentioned on notice.

The matter appears in the list.

Parties are represented.

The matter is taken up as on day's list

considering the urgency pleaded by the appellant/the

tenant, with the consent of the parties.

The appellant/tenant complains of the fact that

in the midst of this appeal, a padlock has been put on

the door of the premises in issue which has barred the

tenant from access to his tenanted accommodation.

This Court certainly cannot be satisfied with the

turn of event as reported by the appellant.

Accordingly, at this juncture this Court directs

Mr. Arka Nag, learned State Counsel, who is present

in Court, to take necessary instructions. The Officer-

in-Charge, Girish Park Police Station shall depute a

responsible officer to the premises in question and

report to this Court after recess today of the existence

of the padlock.

Let such report be filed through learned State

Counsel and a responsible officer be deputed by the

Officer-in-Charge, Girish Park Police Station to attend

this Court when the matter is taken up after recess

today.

The further notice of this Court is drawn to

Order No. 13 dated 25th November, 2021 in Ejectment

Execution Case No. 101 of 2019. Since the Judgment

and Decree is already under challenge, the Order No.

13 dated 25th November, 2021 connected to the

execution of the impugned Judgment and Decree shall

remain stayed until further orders.

All parties to act on a gist of the communication

of this order.

All parties to act on a server copy of this order

downloaded from the official website of this Court.

(Krishna Rao, J.) (Subrata Talukdar, J)