Sri Prabhat Kumar Das & Ors vs Sri Bhagwan Lal Shaw
2022 Latest Caselaw 719 Cal

21.02.2022 Item No.26 Court No.18 AJ.

C.O. 2602 of 2019

( Via Video Conference )

Sri Prabhat Kumar Das & Ors.

-Vs-

Sri Bhagwan Lal Shaw

Mr. Tauhid Khan, Mrs. Marufa Mondal, Mr. Nasim Ahmed.

....... for the petitioners. Mr. Tarak Nath Haldar.

.......for the opposite party.

The petitioners are the decree-holders of

the ex parte decree of eviction passed in

Ejectment Suit No. 27 of 2014 by the 2nd Court of

the learned Civil Judge (Junior Division), Sealdah.

The defendant/opposite party took out an

application under Order IX Rule 13 of the Code of

Civil Procedure for setting aside the said ex parte

decree being Misc. Case No. 200 of 2018.

In the said misc. case, the learned Trial

Judge passed an ad-interim order of stay of all

further proceedings of the execution case levied to

execute the said ex parte decree.

The petitioners filed an application for

fixation of occupational charges as the condition

for such stay.

The grievance of the petitioners in the

present revisional application under Article 227 of

the Constitution of India is that the learned Trial

Judge is not disposing of the said application for

fixation of occupational charges.

Mr. Haldar, learned advocate appears on

behalf of the defendant/opposite party and

submits that by the order dated September 05,

2019 the application for stay filed by the

judgment debtor and an application filed by the

petitioners for fixation of occupational charges

have already been disposed of. He files photocopy

of the said order, which is taken on record.

In view of the disposal of the said

applications, the revisional application has

become infructuous, C.O. 2602 of 2019 is

dismissed as such.

It is made clear that this order will not

prevent the petitioners to challenge the said order

dated September 05, 2019 subject to the law of

limitation.

The learned Trial Judge is requested to

expedite the disposal of the Misc. Case No. 200 of

2018 in accordance with law.

There shall be no order as to costs.

Urgent photostat certified copy of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)