Smt. Purnima Banerjee vs Smt. Anima Banerjee And Ors
2022 Latest Caselaw 2072 Cal/2

OD - 1

                          ORDER SHEET
                           EC/39/2022
                 IN THE HIGH COURT AT CALCUTTA
               ORDINARY ORIGINAL CIVIL JURISDICTION
                          ORIGINAL SIDE

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


BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN

Date : 26TH JULY, 2022.

Appearance:

Mr. Avishek Das, Adv.

Ms. Sonali Mukhopadhyay, Adv.

Ms. Debarati Das, Adv.

Mr. A. Chopra, Adv.

..for the decree holders

Mr. Amal Kumar Banerjee, Adv.

..for the judgement debtor Nos. 17 & 18.

The Court: Affidavit in reply field in Court today be kept with the

record.

The report filed by the learned Receiver be kept with the record.

Heard learned Advocates appearing for the decree-holder and

judgement-debtors No. 17 and 18.

This execution application has been filed against the judgement and

decree dated 25th August, 2006 by which the judgement debtors were asked

to vacate and hand over the peaceful possession of the portion of the

premises in question against which decree has been passed against the

aforesaid judgement-debtors.

Learned Advocate appearing for the aforesaid judgment-debtors could

not deny and dispute that the portion of the premises in question which

they are occupying as a part of the premises against which the aforesaid

judgement and decree for eviction has been passed on 25th August, 2006

and almost fourteen years have been passed from the date of the aforesaid

judgement and decree and which could not be executed due to resistance of

the aforesaid judgement-debtors.

As a last chance, the time is granted to the aforesaid judgement-

debtors to file an undertaking before the Court to vacate the portion of the

premises in question which is occupied by them and against which the

aforesaid judgement and decree has been passed and deliver the peaceful

possession to the decree-holder. Such undertaking is to be filed by the

aforesaid judgement-debtors by 2nd August, 2022 and in case of failure to

file such undertaking, this Court will have to pass the order of eviction by

use of police force.

List this matter on 2nd August, 2022.

(MD. NIZAMUDDIN, J.)

Sbghosh