Pradip Kumar Mukherjee vs Ananta Kumar Chakraborty
2022 Latest Caselaw 4451 Cal

   (21)
19.07.2022
  (p.jana)

                            IN THE HIGH COURT AT CALCUTTA
                            CIVIL APPELLATE JURISDICTION

                                  SA No. 32 of 2020

                    IA No; CAN 1 of 2019(Old No: CAN 8430/2019)
                    IA No: CAN 2 of 2019(Old No: CAN 8595/2019)
                    IA No: CAN 4 of 2022, CAN 5/2022 & CAN 6/2022

                                 Pradip Kumar Mukherjee
                                        -versus-
                                 Ananta Kumar Chakraborty

                    Mr. Saptangsu Basu, Sr. Adv.
                    Mr. Probal Kumar Mukherjee, Sr. Adv.
                    Mr. Bhaskar Mukherjee,
                    Ms Mrinalini Majumder,
                    Ms. Nafisa Yasmin
                                ... for the appellant/defendant.

                    Mr.   Surajit Nath Mitra, Sr. Adv.,
                    Mr.   Aniruddha Chatterjee,
                    Mr.   Tarak Nath Halder,
                    Mr.   Saptarshi Kumar Mal,
                    Mr.   Avimanyu Roy Chowdhury,
                                  ... for the respondent/plaintiff.

Re : CAN 6 of 2022.

This is appellant's application for restitution

of possession of the suit property.

The appeal is against the appellate decree

affirming the decree of the learned Trial Judge for

eviction of the defendant from the suit property.

The appellant in the instant application is

alleging that during the subsistence of an order of

stay of further proceedings of the execution case,

the decree-holder/respondent has dispossessed

him.

Mr. Saptangsu Basu, learned senior advocate

for the appellant submits that the Court bailiff at

the time of execution of the decree has kept the

articles of the appellant found in the suit property

in the custody of the decree-holder and has

prepared a list of such articles.

He complains that some of the valuable

articles such as licensed fire-arm and rare

paintings of the appellant are not finding place in

the said list.

He further submits that his client is

apprehending that the said valuable articles might

have been removed from the suit property. He

prays immediate appointment of a Special Officer

for inspection of the suit property and for

inventory of the articles lying there.

Mr. Surajit Nath Mitra, learned senior

advocate for the decree-holder strongly denies the

allegations of Mr. Basu and submits that the

decree has been executed in accordance with law.

He further submits that at the time of

execution of the decree, whatever articles of the

appellant found in the suit property have been

mentioned in the list prepared by the Court bailiff

and those articles are in the custody of the decree-

holder.

Mr. Mitra files a photocopy of the said list, let

it be kept with the record.

Considering the gravity of the allegation of the

judgment-debtor, this Court feels that an

immediate inventory of the movable articles lying

in the suit property is necessary.

This Court, therefore, appoints Mr. Biswaroop

Bhattacharya, learned Advocate of this Court as

the Special Officer to make such inventory.

The Special Officer shall visit the suit property

today itself (19.07.2022) at 5 o'clock. No further

notice of such visit need be given to the parties.

The decree-holder shall co-operate with the

Special Officer in discharging his function and the

parties shall supply all the documents necessary

for the said inventory to the said Special Officer.

The Special Officer shall file his report before

this Court on next Friday (22.07.2022) when the

matter will appear in the list at 10-30 A.M. under

the heading "Application".

The initial remuneration of the Special Officer

is fixed at Rs. 50,000/- (Rupees Fifty thousand

only) to be paid by the judgment-debtor.

The judgment-debtor, at his own costs, shall

also arrange for appointment of a photographer

and a Stenographer for the Special Officer.

Let the records of the Title Execution Case No.

1 of 2017 be called for immediately from the Court

of learned Civil Judge (Junior Division),

Bidhannagar, District: 24 Parganas (North) by a

special messenger at the costs of the judgment-

debtor.

The Bailiff of the aforesaid Executing Court,

Mr. Arsad Mondal is directed to be personally

present before this Court on the adjourned date.

The department is directed to communicate

this order to the said Executing Court

immediately.

There shall be an ad interim order of

injunction restraining the decree-holder from

creating any third party interest in respect of the

suit property or part with the possession thereof

till the end of the month of September, 2022 or

until further orders, whichever is earlier.

All parties shall act on Server Copy of this

order duly downloaded from the official Website of

this Court.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance of all requisite formalities.

(Biswajit Basu, J.)